Ankaj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27707 of 2024 Arising Out of PS. Case No.-1258 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Ankaj Das Son of Vimal Das @ Bimal Das Village Pathaudi PS Kajraili Dist Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Barsha Kumari Wife of Mohan Kumar Resident of Village- Bari Goddi, P.O.- Simariya, P.S.- Kajraili, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Complaint Case No. 1258 of 2023, registered for the offences punishable under Sections 323, 504, 506, 379, 313 of the IPC.

3. As per allegation, the petitioner along with other accused persons actively participated in assaulting the complainant, who was carrying a pregnancy of nine months and due to assault inflicted by the accused person including the petitioner, she suffered miscarriage of her pregnancy.

4. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.27707 of 2024(4) dt.13-08-2024 2/2 submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus. He has submitted further that so far as the allegation of causing death of intrauterine foetus is concerned, it is attributed against co-accused Nirmala Devi and not against the petitioner. The petitioner is under custody since 20.01.2024.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the accused persons badly assaulted the injured.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Complaint Case No. 1258 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T