Dablu Kumar @ Jageshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27852 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== Dablu Kumar @ Jageshwar Kumar Son of Baleshwar Mandal, Resident Of Village- Ghasitari, PS- Simultalla, Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2023 Heard the parties.

The petitioner seeks pre-arrest bail in connection with Simultalla P.S.Case No.93/2022, registered for the offences punishable under Sections 341, 323, 354(B), 307, 504 & 506/34 of the Indian Penal Code.

Prosecution story, in brief, is that on 04.10.2022 at about 7.00 P.M., the petitioner misled the daughter of the informant and took her at lonely house of Prem Mandal, torn her cloths and tried to outrage her modesty but on raising alarm by the victim girl, her neighbor Susmita Devi and wife of the informant, namely Ajhola Devi reached there and saved the victim from the the clutch of the petitioner. The petitioner ran away from the place of occurrence, thereafter, the informant went to the house of the petitioner to make complaints against

Patna High Court CR. MISC. No.27852 of 2023(2) dt.14-07-2023 2/3 him but Baleshwar Mandal (father of the petitioner), his wife and three sons including the petitioner started abusing and assaulted upon the informant and his family members, as a result, the informant sustained injury on his head and hand. The learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he is a student. The specific allegation of assault is against the father of the petitioner, namely, Baleshwar Mandal. Injury has been caused on the right hand of the informant, which is not the vital part of the body. Though the injury as per the medical report is grievous in nature. Petitioner has clean antecedent. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation made in the FIR and the specific allegation of assault is against the father of the petitioner as well as the injury is not on the vital part of the body, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 2nd, Jamui in connection with Simultalla P.S.Case No.

Patna High Court CR. MISC. No.27852 of 2023(2) dt.14-07-2023 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U