Kumar Harsh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37153 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Kumar Harsh son of Kumar Yuvraj Vill-Dhamdaha Madhya Ps- Dhamdaha District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Ram Prawesh Kumar, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP For the Informant/s :
Mr. Bipin Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Barhara P.S. Case No. 351 of 2023, lodged under Sections 354, 323, 384, 503, 504 and 34 of the I.P.C. read with Section 4 of the Public Order Act, 1986.
3. As per the prosecution case, the allegation against the petitioner is of threatening the victim and her husband.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 23.03.2024. He further submits that the petitioner will undertake that he will not contact
Patna High Court CR. MISC. No.37153 of 2024(4) dt.18-09-2024 2/3 the informant or her husband either physically or through mobile, i.e. he will not threat them.
5. Learned A.P.P. for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that if bail is granted to the petitioner, he will continue threatening the informant and her husband.
7. Considering the allegations and period of custody, this bail application is allowed.
8. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 351 of 2023, subject to the condition that the petitioner will mark his attendance at Dhamdaha Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.
9. The petitioner will also file an affidavit that he will not in any manner threat or interfere in the life of the informant and her husband. If the petitioner is found involved in such kind
Patna High Court CR. MISC. No.37153 of 2024(4) dt.18-09-2024 3/3 of illegal activity, his bail bond shall be cancelled by the Court below itself.
(Sandeep Kumar, J) sadique/- U T