Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31095 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== NANDAN KUMAR son of Hari Shankar Singh Village- Ramdiri Ramnagar Tola Ramnagar Ward no-1,Ps- Matihani Dist-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 324, 354, 307, 504/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have attempted to outrage the modesty of the informant and while she protested, the petitioner also assaulted her by means of knife due to which she sustained injuries. Accordingly, the present FIR was registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. For the alleged occurrence of 23.5.2022, the informant has

Patna High Court CR. MISC. No.31095 of 2023(3) dt.08-08-2023 2/2 lodged the FIR on 28.5.2022 in delay of five days. From perusal of injury report, it appears that the same was prepared by private Doctor not in Government hospital. It is also submitted that after completion of investigation, charge sheet has been submitted against the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.8.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if charge is not framed in connection with Matihani P.S. Case No. 64 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T