Dhiraj Singh @ Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41096 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Dhiraj Singh @ Dhiraj Kumar SON OF ARJUN SINGH VILLAGESATPURA PS- GORAUL, DIST- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 532 of 2023 instituted under Sections 341, 323, 448, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner assaulted the informant with bamboo clump two or three times on her head and when the informant's son and husband came to save the informant then they too were assaulted and the informant was also dragged by the petitioner by her hair and also snatched jewellery from the informant's neck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The present case is counter blast of Goraul P.S. Case No.
Patna High Court CR. MISC. No.41096 of 2024(3) dt.18-09-2024 2/2 533 of 2023. The injury on the injured is simple in nature. It is further submitted that FIR has been lodged after the lapse of six days of the alleged date of occurrence which creates doubt in the prosecution case. Petitioner has one criminal antecedent in which he is on bail. The petitioner and the husband of the informant are own brother. Petitioner undertakes to co-operate in the investigation and in the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-I, Vaishali at Hajipur / Concerned Trial Court in connection with Goraul P.S. Case No. 532 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Jagdish/- U T