Monu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35038 of 2023 Arising Out of PS. Case No.-17 Year-2021 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

MONU GUPTA Son of Yugal Kishor Gupta @ Yugal Gupta @ Jugal Kishor Gupta Resident of Village/Mohalla- Maharajipul Ramchowk, Police StationDarbhanga Town, District- Darbhanga 2.

Shankar Gupta Son of Yugal Kishor Gupta @ Yugal Gupta @ Jugal Kishor Gupta Resident of Village/Mohalla- Maharajipul Ramchowk, Police StationDarbhanga Town, District- Darbhanga 3.

Sonu Gupta Son of Yugal Kishor Gupta @ Yugal Gupta @ Jugal Kishor Gupta Resident of Village/Mohalla- Maharajipul Ramchowk, Police StationDarbhanga Town, District- Darbhanga 4.

Sanjeet Gupta Son of Yugal Kishor Gupta @ Yugal Gupta @ Jugal Kishor Gupta Resident of Village/Mohalla- Maharajipul Ramchowk, Police StationDarbhanga Town, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 337, 354(B), 504/34 of the Indian Penal Code.

3. Allegation against this petitioner is of assault and outraging the modesty of the informant and also of commission of theft.

4. It submitted that these petitioners and informant are

Patna High Court CR. MISC. No.35038 of 2023(2) dt.27-07-2023 2/2 co-villagers and due to petty dispute, a simple scuffle took place between the parties. No occurrence has taken place in the manner as alleged in the FIR. FIR has been lodged after a delay of thirty days and there is no explanation for the same which renders the case doubtful. Petitioners have got clean antecedent. Learned counsel for the State vehemently opposed the prayer for anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Town P.S. Case No. 17 of 2021 / G.R. No. 154 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T