Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41331 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Bhola Kumar Son of Sachchidanand Singh Resident of Village - Harahiya, P.S.- Siwaipatti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No. 29 of 2024 instituted under Sections 341, 323, 376, 511 and 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was returning home on motorcycle after her examination, the petitioner and his associates assaulted the motorcycle rider and they also tried to outrage the modesty of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the during the Saraswati Visarjan, the informant was returning on motorcycle and due to negligent driving, two boy were hit and due to which some scuffle took

Patna High Court CR. MISC. No.41331 of 2024(2) dt.03-07-2024 2/2 place between the parties. There is also case and counter case between the parties. He also submits that there is general and omnibus allegation against the petitioner. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the trial and investigation.

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 S.D.J.M. East, Muzaffarpur or Concerned Trial Court in connection with Siwaipatti P.S. Case No. 29 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T