Deepak Kumar @ Mantu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53447 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Deepak Kumar @ Mantu Jha Son Of Wakil Jha R/O Village- Anandpura, Ward No.-05, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2021 Heard both parties.
The petitioner seeks bail in Udakishunganj P.S. Case No. 19 of 2021, registered for the offence punishable under Sections 341, 323, 324, 379 and 34 of the Indian Penal Code. As per the prosecution case, while the informant was returning to his house from Kishunganj by motorcycle, this petitioner along with 4-5 unknown persons having rod, soccer pipe of motorcycle, stopped his motorcycle and forcibly took out the key and started abusing him. When he objected, the accused person started dragging him and took him to the house of petitioner. It is further alleged that this petitioner assaulted him by iron rod on his head. Co-accused Sunita Devi assaulted him with Kachia on his eyes, causing injury on his head. It is submitted on behalf of the petitioner that there is
Patna High Court CR. MISC. No.53447 of 2021(2) dt.02-12-2021 2/2 case and counter case. Both sides sustained injury. In fact, the alleged occurrence took place on 09.01.2021, but the FIR was lodged on 15.01.2021 after lapse of six days without any plausible explanation. Counter version of the present case bearing Udakishunganj PS Case No. 18 of 2021 filed on 15.01.2021 by the mother of petitioner against informant and others. The doctor has found the injury to be simple in nature. Petitioner is in custody since 15.04.2021 having clean antecedent. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Udakishunganj, Madhepura in connection with Udakishunganj P.S. Case No. 19 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T