Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41831 of 2024 Arising Out of PS. Case No.-2396 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

Mukesh Kumar Son of Viswanath Mahto 2.

Sukesh Kumar Son of Vishwanath Mahto, Both Resident of VillageSomnaha, Maniyarpur, P.S.- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Vishwanath Singh Resident of Village- Somnaha, Mirjanagar, P.S.- Chakmehsi, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 354, 379 of the IPC in connection with Complaint Case No.2396 of 2019.

3. The learned counsel for the petitioners after arguing vehemently for sometime seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1,

Patna High Court CR. MISC. No.41831 of 2024(2) dt.24-07-2024 2/3 Mukesh Kumar.

4. Permission is accorded.

5. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.1.

6. It is next submitted petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the complainant.

7. It is also submitted that from perusal of the allegation as alleged in the complaint, it would manifest that no specific allegation is alleged against the petitioner, rather the allegations are general and omnibus in nature.

8. The learned APP opposes the anticipatory bail application.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Samastipur in connection with Complaint Case No.2396 of 2019, subject to the conditions laid down

Patna High Court CR. MISC. No.41831 of 2024(2) dt.24-07-2024 3/3 under Section 438(2) of the Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T