Umed Kamat @ Umed Lal Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27346 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- LADANIA District- Madhubani ====================================================== UMED KAMAT @ UMED LAL KAMAT S/o Raj Kumar Kamat Resident of Village-Marniya, P.S-Ladaniya, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, APP For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Ladaniya P.S. Case no. 79 of 2019 registered under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, Birendra Kamat is stated to have assaulted the husband of the informant with a farsa and on the informant going to his rescue it is stated that the petitioner assaulted her with a lathi causing injury on her right shoulder.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted. There is case and counter case between the parties. By filing a

Patna High Court CR. MISC. No.27346 of 2020(2) dt.15-01-2021 2/2 supplementary affidavit and bringing on record the copy of the injury report of the informant, it is submitted that both the injuries alleged to have been caused on the informant have been found to be simple in nature. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Ladaniya P.S. Case no. 79 of 2019 corresponding to C.R.I. no. 759 of 2019, 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 Additional Chief Judicial Magistrate IV, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U