Bittu @ Bitu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32994 of 2024 Arising Out of PS. Case No.-951 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== BITTU @ BITU SON OF RAJENDRA PRASAD RESIDENT OF VILLAGE - SARIYA, P.S. - BARAHARA, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Neeraj For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ara Town Police Station Case No. 951 of 2023, disclosing offences under Sections 147, 149, 323, 341, 354, 387 of the Indian Penal Code.

3. As per the First Information Report, on 25.11.2023 in the morning, the gift/articles regarding the marriage of informant's daughter was being kept in the chapel. In the meanwhile, the petitioner, along with other accused persons, started throwing the articles in the courtyard. Upon objection being made by the informant, the other accused persons started assaulting her and the petitioner assaulted the informant and her daughter and also torn the cloths of informant's daughter.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to family dispute. The petitioner is the relative of co-

Patna High Court CR. MISC. No.32994 of 2024(2) dt.27-05-2024 2/2 accused who is having some dispute with informant's family. The co-accused are brother-in-law (dewar) of the informant. All the Sections except Section 387 are bailable and there is no ingredient of Section 387 against the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are agnates having previous dispute, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ara Town Police Station Case No. 951 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T