Niru Kumar @ Neeru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21869 of 2022 Arising Out of PS. Case No.-169 Year-2021 Thana- BIKRAM District- Patna ====================================================== Niru Kumar @ Neeru Kumar Son of Ramakant Paswan Resident of Village - Arap, P.s.- Bikram, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2022 Learned counsel for the petitioner submits that due to inadvertence the date of custody has been wrongly typed as 28.09.2020 instead of 28.09.2021. He seeks permission to correct the said mistake.

Permission granted.

Learned counsel for the petitioner is directed to correct the said figure in course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Session Trial No. 69 of 2022 arising out of Bikram P.S. Case No. 169 of 2021 lodged under Sections 341, 323, 354, 307, 504 & 506 of the Indian Penal Code.

The case of prosecution is that, the daughter of the

Patna High Court CR. MISC. No.21869 of 2022(2) dt.26-07-2022 2/3 informant was returning from school then the petitioner pushed the daughter of informant in the Aahar and trying to strangulate her in water with intention to kill. Anyhow the victim girl started shouting, after the local people visited there then her life became saved. The allegation upon the petitioner is to threaten the daughter of the informant of the case.

Learned counsel for the petitioner submits that all the sections are bailable in nature except Section 354 and 307 of the Indian Penal Code. He has annexed the injury report in this case which indicates that all the injuries are simple in nature. He further submits that the petitioner is in custody since 28.09.2021, charge sheet has already been submitted, charge has already been framed and trial has already been commenced. There is no criminal antecedent of the present petitioner. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VDanapur (Patna) in connection with Session Trial No.69 of 2022

Patna High Court CR. MISC. No.21869 of 2022(2) dt.26-07-2022 3/3 arising out of Bikram P.S. Case No. 169 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. The petitioner is directed to support in trial and shall appear on each and every date fixed by the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T