Abhishek Kumar Pandey @ Abhishek Pandey @ Sonu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35907 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- BIHTA District- Patna ====================================================== ABHISHEK KUMAR PANDEY @ ABHISHEK PANDEY @ SONU PANDEY,Male, aged about 29 years, S/O Ramshakal Pandey, R/O Bihta Jinpura Road, P.S. - Bihta, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Patanjali Rishi, Advocate For the Opposite Party :

Mrs. Pushpa Sinha No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Bihta P.S. Case No. 31 of 2020 registered for the offence under Sections 341, 323, 307, 379, 504 and 506/34 of the I.P.C. The prosecution story, in brief, is that the petitioner alongwith unknown persons attacked on the informant, assaulted him with an Iron rod on the body and testicle and also

Patna High Court CR. MISC. No.35907 of 2021(2) dt.24-05-2022 2/3 pressed his neck and took away rupees and golden chain. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is none but the son-in-law of the informant. Prior to institution of the present case, a case was instituted by the informant's side for an offence under Section 498(A) of the I.P.C. Admittedly, there has been differences between the husband and the wife which led to institution of multiple cases between the parties. The matter relates to the family dispute. From perusal of the order of the learned Sessions Court, it appears that the nature of injury sustained has not been indicated whether it is simple or grievous.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35907 of 2021(2) dt.24-05-2022 3/3 the learned A.C.J.M.-I, Danapur, Patna in connection with Bihta P.S. Case No. 31 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T