Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38619 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

MANISH KUMAR S/O DASHRATH MAHTO Resident of Village- Sarika, P.S.- Sheikpura, District- Sheikpura.

2.

SUSHANT KUMAR S/O DASHRATH MAHTO Resident of VillageSarika, P.S.- Sheikpura, District- Sheikpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 447, 307, 506 and 504 of the IPC.

As per the prosecution case, these two petitioners along with other FIR named accused persons are alleged to have assaulted the informant by catching her hair and also assaulted her family members by means of lathi, brick, and butt of the pistol.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.38619 of 2022(2) dt.22-11-2022 2/2 implicated in this case. It is submitted that allegation against the petitioner to assault the informant by catching her hair does not attract offences under Section 307 of IPC and other offences are bailable in nature.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the nature of acquisition, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be released 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 learned CJM, Sheikhpura in connection with Sheikhpura (Hathiyawan) P.S. Case No. 298/2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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