Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35506 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- TARARI District- Bhojpur ====================================================== ABHISHEK KUMAR S/o- JITENDRA RAY Village- Jaithwar Ps- Tarari, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 447, 341, 323, 307, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, that on 26.01.2023 at about 07:00 PM, two accused persons in drunken state came and forced informant's husband to play indecent music and on objection, they came back along with other accused persons and physically assaulted the informant's husband. It is further alleged that on shouting when the informant's family came to rescue, then the petitioner along with others assaulted the informant's son and daughter and caused grievous injury. It is further stated that during treatment after one month, the informant's husband died.
Patna High Court CR. MISC. No.35506 of 2023(3) dt.03-08-2023 2/2
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that the others coaccused have already been granted bail by a Co-ordinate Bench vide order dated 21.07.2023 passed in Cr. Misc. No. 35835 of 2023. He is languishing in judicial custody since 28.01.2023.
5. The application for bail is opposed by learned APP for the State and submitted that the petitioner was present at the place of occurrence and assaulted.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Tarari P.S. Case No. 15 of 2023.
(Sunil Kumar Panwar, J) arish/- U T