Tharu Kunwar @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28427 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- SIKTA District- West Champaran ====================================================== Tharu Kunwar @ Anand Kumar Son Of Murari Kunwar R/O-Shikarpur, P.S.- SIKTA, Distt.-WEST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the parties.

The petitioner seeks pre-arrest bail in connection with Sikta P.S.Case No.141 of 2022, registered for the offences punishable under Sections 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

Prosecution story, in brief, is that in the Panchayat held on 19.09.2022, all the accused persons named in the FIR including the petitioner started abusing the informant and on protest, they assaulted, due to which the informant fell down and the petitioner caught hold her hair and dragged as well as made her half-naked tearing her saree and blouse. In the meantime, the son of the informant came forward to save her, the petitioner assaulted him causing started oozing blood from his mouth. The accused persons also snatched gold mangalsutra

Patna High Court CR. MISC. No.28427 of 2023(2) dt.14-07-2023 2/2 and dholna of the informant.

The learned counsel appearing on behalf of the petitioner submits that the allegation of alleged overtact is on co-accused Murari Kunwar. The petitioner has been alleged only to be associate of the co-accused in commission of the offence. Petitioner is 22 years old and he has been falsely implicated in the case with ulterior motive and the reasons are best known to the informant.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the nature of allegation made against the petitioner, he 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 Miss Ankita Raj, J.M. -Ist Class, Bettiah/concerned court in connection with Sikta P.S.Case No.141 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U