Kamlakant Ram @ Kamalakant Chaudhary@ Kalakant Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31172 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KAMLAKANT RAM @ KAMALAKANT CHAUDHARY@ KALAKANT CHAUDHARY SON OF BADRI CHAUDHARY RESIDENT OF VILLAGE- JAYNAGAR, PS- UDWANTNAGAR, DISTT- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indra Bhushan Tiwary, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Mantu grabbed her and petitioner assaulted her with rod causing injury on head and also assaulted her grandmother.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present
Patna High Court CR. MISC. No.31172 of 2023(2) dt.28-07-2023 2/3 case, it is next submitted that there is a case and a counter case between the parties, it is next submitted that the impugned order does not record whether injury suffered by the informant is grievous or simple, which amply demonstrates that the injury was simple in nature.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Udwantnagar P.S. Case No. 431 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the injury of the informant and in the event, if it is
Patna High Court CR. MISC. No.31172 of 2023(2) dt.28-07-2023 3/3 found that the informant suffered grievous injury on head in that event the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) GauravSinha /- U T