Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33682 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Vikash Kumar Son Of Vinod Chaudhary Resident Of Village- Bairi, PsMohania, Dist- Kaimur (Bhabua) 2.

Vinod Chaudhary Son Of Idradeo Chaudhary Resident Of Village- Bairi, PsMohania, Dist- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Premchandra Yadav, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Mohania P.S. Case No. 14 of 2024 registered on 07.01.2024 for the alleged offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners assaulted the informant with rod and danda causing fracture of his head and a serious injury on the left hand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.33682 of 2024(3) dt.31-07-2024 2/3 this case as the daughter of the petitioner no.2 has lodged Mohania P.S. Case No. 130 of 2024 which arises out of complaint case filed by the daughter of the petitioner no.2 against the informant of this case. The informant entered into the house of the petitioners and tried to commit rape with the daughter of the petitioner no.2. As the informant of the present case is the son of a police personnel, the case of the daughter of the informant was not registered and she was made to run from pillar to post and finally the F.I.R. was registered. In this background, the informant lodged the present case. Learned counsel for the petitioners further submits that the petitioners are having clean antecedent.

5. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners and submits that the informant of this case received injury on his head.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the background of the matter and the case lodged by the daughter of the petitioner no.2 and informant, and further considering the possibility of false implication against the petitioners, let the petitioners above named, in the event of their arrest or surrender

Patna High Court CR. MISC. No.33682 of 2024(3) dt.31-07-2024 3/3 before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned A.C.J.M., Kaimur at Bhabhua in connection with Mohania P.S. Case No. 14 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Guddu/- U T