Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39189 of 2020 Arising Out of PS. Case No.-362 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== KAUSHAL KUMAR S/o Munna Kumar R/o Village- Daharpur, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2021 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ghosi P.S. Case No. 367 of 2020 instituted for the offence under Sections 307, 341, 323, 379 and 504/34 of the Indian Penal Code.

The petitioner is the co-brother of the informant who is alleged to have assaulted the informant along with his associates of his.

Learned senior counsel for the petitioner has submitted that an absolutely false case has been lodged against the petitioner in retaliation against the petitioner having accosted the informant for not demanding further dowry and not troubling his wife. The informant and his wife are not getting along well and the wife of the informant has lodged a case

Patna High Court CR. MISC. No.39189 of 2020(2) dt.04-05-2021 2/2 against her husband (informant of the present case). Because of the apprehension in the mind of the informant that such case has been lodged at the instance of the petitioner and others, this case has been lodged. Though the informant has received injuries in the transaction and the opinion regarding such injuries has been reserved but Mr. Sharma learned senior counsel for the petitioner has tried to impress upon this Court that from the dimensions of the injuries, it can safely be concluded that the injuries are simple in nature.

Considering the afore-stated background facts, the petitioner, above named, is directed to be released on bail in the event of her arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order on furnishing bail bonds in the sum of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 367 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T