Niranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33495 of 2020 Arising Out of PS. Case No.-284 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== Niranjan Prasad son of late Balkeshwar Prasad resident of village Ratanpura, P.S. Noor Sarai district Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP For the Informant :

Mr. Ajay Kumar Singh No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-02-2021 Heard Mr. Rudra Deo, learned counsel for the petitioner and Mr. Ajay Kumar Singh No. 1 for the informant. The State is represented by Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Noorsarai P.S. Case No. 284 of 2019 dated 20.09.2019 instituted for the offences under Sections 147, 148, 149, 341, 307, 302 and 504 of the Indian Penal Code. It has been alleged in the FIR that the husband of the informant was abused by the petitioner and two others and on protest, the husband of the informant was assaulted by other accused persons. The sons of the informant also have been assaulted.

The husband of the informant later succumbed to the injuries.

Learned counsel for the petitioner has

Patna High Court CR. MISC. No.33495 of 2020(3) dt.17-02-2021 2/2 submitted that though the petitioner has been named in the FIR but so far as assaulting the deceased is concerned, it is attributed in a general manner to all the accused persons who have been named in the FIR. The petitioner is in custody since 21.09.2019. One of the accused persons, a lady has already been granted bail by a Bench of this Court.

The occurrence arose because of some dispute between the children of the two families.

Regard being had to the overall circumstances and the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsarif in connection with Noorsarai P.S. Case No. 284 of 2019. However, it is directed that the petitioner shall participate in the trial and his absence from the trial proceedings on two consecutive occasions without the prior approval of the trial court shall render the bail of the petitioner liable to be cancelled.

(Ashutosh Kumar, J) krishna/- U T