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Patna High CourtCR. MISC./40521/2020bail granted

Ajit Kumar Singh v. The State Of Bihar

2021-07-24Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40521 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== 1.

AJIT KUMAR SINGH, S/O Late Parmanand Singh R/o 12, Cementery Road, Danapur Cantt., P.S. - Danapur, District - Patna 2.

PRAVEEN SHANKAR DHIRAJ, S/O LATE BADRI PRASAD, R/o Village - Andhra Chauki, P.S. - Bikram, District - Patna at present R/o Bunglow No. 13, Cementery Road, Danapur Cantt, P.S. - Danapur, District - Patna 3.

ANKUR DHIRAJ @ PUTTU, S/o PRAVEEN SHANKAR DHIRAJ, R/o Village - Andhra Chauki, P.S. - Bikram, District - Patna at Present R/o Bunglow No. 13, Cementery Road, Danapur Cantt, P.S. - Danapur, District - Patna 4.

UPENDRA KUMAR @ UPENDRA KUMAR VERMA, S/o Satish Kumar @ Satish Kumar Verma, R/o Village - Ajawan, P.S. - Naubatpur, District - Patna ... Petitioners

Versus

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

For the Petitioners :

Mr. Shailesh Kumar, Adv.

For the Opposite Party :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 26.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioners seek pre-arrest bail in connection with Sohsarai P.S. Case No. 336 of 2019, registered under Sections 341, 323, 504, 307, 379, 365, 511 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.40521 of 2020(2) dt.24-07-2021 2/3 The accusation is that on 20.12.2019, the informant, Amar Kumar @ Rocky, received the message through mobile no. 9709021209 to reach at Ladli Hotel, thereafter, informant reached there, then, saw all the four petitioners were present there having lathi, danda and all started to abuse. At that time, Upendra Kumar @ Upendra Kumar Verma (petitioner no. 4) caused injury at his head through the butt of pistol with intention to kill, Ankur Dhiraj @ Puttu (petitioner no. 3) snatched the chain and others also caused inquiry through fists and slaps.

Submission is that in fact, informant of the present case is the husband of Akriti Dhiraj, who is daughter of petitioner no. 2 (Praveen Shankar Diraj) and due to dispute Akriti Dhiraj filed the Complaint Case No. 1205(C) of 2016 in the Court of the Additional Chief Judicial Magistrate, Danapur, Patna, for the offence under Sections 498A, 323, 504, 506, 406 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act against Amar Kumar @ Rocky, informant of the present case and his family members. Akriti Dhiraj has also filed Maintenance Case No. 351 of 2019 in the Court of the Principal Judge, Family Court, Patna, under Section 125 of the Criminal Procedure Code against the informant of the present

Patna High Court CR. MISC. No.40521 of 2020(2) dt.24-07-2021 3/3 case, due to that reason only to give undue pressure the informant has lodged the present case. Further, submission is that more so, the injuries as found on the person of the informant is simple in nature.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Sohsarai P.S. Case No. 336 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, 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