Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26612 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- JAKKANPUR District- Patna ====================================================== Bittu Kumar S/O Sanjay Kumar R/O Mohalla- Postal Park, Road No. 3, P.s.- Jakkanpur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Jakkanpur PS Case No. 105 of 2025 dated 09-02-2025, instituted under Sections 126(2),115(2), 79, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.According to the FIR, the informant alleges that both she and her daughter, Prachi Singh, have been subjected to domestic violence, which has been committed by her brother-inlaw and his wife. According to the informant, the petitioner's behavior towards her daughter is unacceptable, causing her to stop going up to the roof. The informant further alleges that frequent assaults have occurred due to disputes over property. It is further alleged that in the morning of 08.02.2025, after

Patna High Court CR. MISC. No.26612 of 2025(2) dt.07-05-2025 2/3 returning from purchasing milk, the informant found the petitioner in a compromising, naked position inside her flat, while her daughter was in the bathroom. The situation allegedly turned from verbal abuse to physical assault, with the involvement of co-accused Poonam Devi. The informant sustained injuries during the incident, and it is further alleged that Rs. 15,000 and an earring were taken from her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the First Information Report (FIR) has been lodged by the petitioner's own aunt, who resides in the same house and the motive behind the allegation is a long-standing family property dispute. The victim mentioned in the FIR is, in fact, the petitioner's own cousin. The present case is a counterblast to Jakkanpur P.S. Case No. 123 of 2025, which was lodged by the petitioner himself, who also received injuries in that occurrence. Further submission is that the instant FIR has been lodged due to family dispute. Lastly, it has been submitted that one criinal case is pending against the petitioner.

5. Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.26612 of 2025(2) dt.07-05-2025 3/3

6. Having considered the facts and circumstance 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 petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM -VIII, Patna, in Jakkanpur PS Case No. 105 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U