Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39695 of 2020 Arising Out of PS. Case No.-222 Year-2020 Thana- BARHARIA District- Siwan ====================================================== SUNIL KUMAR S/o Shambhu Yadav R/o Village- Mushehari Dariya Tola, P.S. Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Barharia P.S. Case No. 222 of 2020 registered for the offence under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code. Allegedly, the accused persons abused and assaulted the informant's son. While the informant and her daughter inquired, all the accused persons abused and assaulted them. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.39695 of 2020(2) dt.20-09-2021 2/2 petitioner has been falsely implicated in the present case. It is submitted that the injury is simple in nature. No offence u/S 307 of the Indian Penal Code is made out. At best, offence under Section-324 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Siwan in connection with Barharia P.S. Case No. 222 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T