Shiv Kumar @ Shiv Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31273 of 2021 Arising Out of PS. Case No.-628 Year-2020 Thana- MANER District- Patna ====================================================== SHIV KUMAR @ SHIV KUMAR RAI Son of Late Sita Ram Ray Resident of Village - Maner Tola Par, P.S.- Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Rathour For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maner P.S. Case no. 628 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 354, 379, 448, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, when the husband of the informant was returning from field, several accused persons

Patna High Court CR. MISC. No.31273 of 2021(2) dt.17-02-2022 2/3 including the petitioner have assaulted him by means of rod resulting into head injury. His relatives were also beaten up by the accused persons when they came there to rescue him. It is further alleged that petitioner had tried to outrage the modesty of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Both parties are next door neighbour. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. Allegation of outraging the modesty is fictitious and imaginary. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Maner P.S. Case no. 628 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur subject to the

Patna High Court CR. MISC. No.31273 of 2021(2) dt.17-02-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U