Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28512 of 2024 Arising Out of PS. Case No.-776 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.
Sanjay Kumar son of Surendra Sah Village- Purani Block Station Road Teghra Ps- Teghra Dist- Begusarai 2.
Vijay Kumar son of Surendra Sah Village- Purani Block Station Road Teghra Ps- Teghra Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Town P.S. Case No. 776 of 2023 instituted under Sections 341, 323, 307, 325, 506, 498(A)/34 of the Indian Penal Code.
3. As per the prosecution case, the marriage of the informant with co-accused Rajiv Kumar was solemnized on 25.02.2013 as per Hindu rights and rituals and later on marital dispute arises between them. It is alleged that on the alleged date of occurrence, accused persons including the petitioner assaulted the informant with fists, legs and iron rod causing injury to the informant.
Patna High Court CR. MISC. No.28512 of 2024(2) dt.20-05-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the petitioners are brothers-in-law of the informant who are living separately and have no concern with the affairs of the informant and her husband. He further submits that the husband of the informant is on bail and other coaccused persons have been granted anticipatory bail by the learned Court below. Learned counsel for the petitioners further submits that the alleged occurrence took place on 09.08.2023, however, the FIR has been lodged on 25.09.2023 without any plausible explanation. He further submits that the petitioners have got clean antecedent and they undertake to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Town P.S. Case No. 776
Patna High Court CR. MISC. No.28512 of 2024(2) dt.20-05-2024 3/3 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) tusharika/- U T