Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41522 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== DEEPAK KUMAR, aged about 20 years, Male, Son of Dashrath Chaudhary Resident of Village - Aarya Nagar, Giritola, P.S.- Chapra town, Distt - Saran at Chapra ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kumari, Adv.

For the Opposite Party :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chapra Town P.S. Case No. 151 of 2019 for the offences alleged under Sections 341, 323, 324, 448, 452, 379, 504 and 34 of the Indian Penal Code.

The accusation is that eight persons, including the petitioner, named in the first information report, entered in the house of the informant, Vikash Kumar, and started abusing the mother of the informant and on protest assaulted the petitioner with the butt of country made pistol. At that time petitioner, with intention to kill, gave a knife blow on the neck of the mother of the informant. The gold chain and jhumka of the mother of the informant were snatched at that time. The submission of the learned counsel for the

Patna High Court CR. MISC. No.41522 of 2019(2) dt.05-07-2019 2/2 petitioner is that while the allegation has been made against the petitioner to cause injury at the mother of the informant, but, two lacerated wounds over left lip and broken tooth (left inciser) were found. No sharp cut injury was found on the neck of the mother of the informant, which is said to be caused by petitioner through knife.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chapra Town P.S. Case No. 151 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T