Patna High CourtCR. MISC./35941/2022bail granted

Basant Kumar v. The State Of Bihar

2022-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35941 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== Basant Kumar S/O Tapeshwar Yadav Resident Of Village- Gaji Karma, P.S.- Kasma, District- Aurangabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Udit Narayan Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in connection with Rafiganj P.S. Case No. 190 of 2021 lodged under sections 341, 323, 354, 354B, 427 and 304/34 of the Indian Penal Code. As per the FIR, while the informant was returning to her village on a shared auto after getting treatment of her daughter (aged about 5 months). The accused persons including the petitioner who were sitting beside her tried to molest her and in the process the baby child fell down on the ground and sustained injuries and died during treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the petitioner neither molested the lady nor he had any intention to throw the baby child from the auto. More so, the doctor has not fond any external or internal injury

Patna High Court CR. MISC. No.35941 of 2022(2) dt.01-11-2022 2/2 on the person of the deceased. Petitioner claims clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Rafiganj Police Station Case No. 190 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T