Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32349 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== MITHILESH KUMAR Son of Late Makeshwar Yadav Resident of VillageBhatta, P.S.- Sikandra, District- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sikandra P.S. Case No. 77 of 2022 instituted under Sections 341, 323, 325, 307, 379, 34 of the Indian Penal Code. As per the allegation, the informant alleged that this petitioner (her 'Dewar') came along with a 'lathi' and assaulted on her head causing injury. Subsequently, allegation is on other accused persons is of assault as also taking away some amount. Learned counsel for the petitioner submits that he do not have criminal antecedent and due to family dispute, this allegation has made. Further, considering that she has alleged assault and has shown injury, without accepting the allegation, he is ready to pay Rs. 15,000/- towards medical assistance through Demand Draft issued by the local State Bank of India

Patna High Court CR. MISC. No.32349 of 2022(3) dt.16-01-2023 2/2 branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking her credentials irrespective of the outcome of the present petition. Learned counsel for the informant submits that he had given 'lathi' blow to the informant who was his own 'Bhabhi' and as such opposes the prayer for bail.

Taking into account the fact that the lady suffered simple injury and the petitioner do not have criminal antecedent and ultimately he will be facing the trial, this Court is inclined to grant him relief subject to payment of Rs. 15,000/-, as stated above.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Sikandra P.S. Case No. 77 of 2022 to the satisfaction of learned C.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Ravi/ Ajay Singh/- (Rajiv Roy, J) U T