Satyendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19593 of 2022 Arising Out of PS. Case No.-560 Year-2021 Thana- BIHAR District- Nalanda ====================================================== SATYENDRA MALAKAR S/O SURESH MALAKAR R/O VILLAGENAISARAI, DHOBIYA GALI, SANGAT PAR, P.S.- BIHAR, DISTRICTNALANDA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has prayed for grant of regular bail in a case registered under sections 307, 341, 498A, 324, and 34 of the Indian Penal Code.

As per the prosecution case, the six named accused persons including the petitioner herein who happens to be the husband of the informant's sister are said to have attacked the informant's sister with a sharp cutting weapon as a result of which she was seriously injured. She was taken to the hospital for treatment.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only

Patna High Court CR. MISC. No.19593 of 2022(3) dt.06-01-2023 2/2 for the reason of his being the husband of the informant's sister. The prosecution case is not supported by the injury report wherein the injury has been found to be simple in nature. The petitioner is in custody since 25.11.2021 and has no criminal antecedent. Charge-sheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the injury on the victim having been found to be simple in nature and the petitioner having remained in custody for more than 1 year since 25.11.2021, the petitioner is directed to be enlarged on bail in connection with Bihar P.S. Case no. 560 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif. (Partha Sarthy, J) shiv/- U T