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Patna High CourtCR. MISC./21428/2024bail granted

Prakash Singh v. The State Of Bihar

2024-04-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21428 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== Prakash Singh S/o Kamli Singh @ Kamleshwari Singh R/o Goraiya Tola, Bhatgama, P.S. - Rajpur (Chausa), Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for offence under Sections 341, 323, 379, 354(B)/34 of the Indian Penal Code.

3. As per prosecution case, in drunken condition, this petitioner tried to commit wrong act with the informant and also snatched silver chain from her neck.

4. It is submitted on behalf of petitioner that both parties are co-villagers and due to petty dispute, this false and concocted case has been lodged. Petitioner is a married person, whereas, informant is a widow and also a dumb woman and enemy of petitioner getting an opportunity took the thumb impression of the informant on a plain paper and filed the present case. The FIR has been lodged after a delay of four days of the alleged occurrence, which itself creates doubt on the prosecution case. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.21428 of 2024(2) dt.04-04-2024 2/2

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Uda-Kishunganj, District - Madhepura in connection with Chausa P.S. Case No. 263 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T