Abhimanu Kumar @ Abhimanyu Kumar @ Manu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43200 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== ABHIMANU KUMAR @ ABHIMANYU KUMAR @ MANU Son of Vijay Singh Resident of Village - Dularpura, P.S.- Rajauli, Dist.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Rajauli P.S. Case No.39 of 2019 registered under Sections 341, 323, 324, 325, 337, 338, 353, 504 and 307/34 of the Indian Penal Code.
The accusation is that on receiving information about confinement of an unknown person at the house of Vijay Singh in village-Dularpura, the informant along other police personnel reached near the house of Vijay Singh in village-Dularpura. Thereafter, when the informant asked about that person, then Vijay Singh, Rinku Devi (wife of Vijay Singh) and this petitioner (son of Vijay Singh) started to abuse. At that time,
Patna High Court CR. MISC. No.43200 of 2019(2) dt.12-07-2019 2/3 Vijay Singh threw a piece of brick at the face of the informant due to which the teeth of the informant was broken and blood started oozing out from his face. Thereafter, this petitioner caused injury at the leg of the home-guard Ramchandra Yadav through lathi. Thereafter, the informant informed the Officer Incharge of Rajauli Police Station, after which the police personnel came and apprehended the co-accused Vijay Singh and recovered Anisha Devi (wife of Sintu Singh), Sintu Singh and Soni Devi (wife of Birendra Singh) from there.
Learned counsel for the petitioner submits that, in fact, Anisha Deiv and Sintu Singh, who are cousin sister and cousin brother-in-law of Rakhi Devi, the wife of the petitioner, and Soni Devi, wife of Birendra Singh, brother of Anisha Devi, had come at the house of the petitioner for the Bidai of Rakhi Devi but the family members of the petitioner was not ready for her Bidai. Due to that reason, they informed the police on which the police came and started to abuse. Thereafter, the father of the petitioner pushed the informant, due to which he fell down and the teeth of the informant was broken but with an ulterior motive, the petitioner has also been implicated in this case with false allegation to cause injury at the leg of the homeguard.
Patna High Court CR. MISC. No.43200 of 2019(2) dt.12-07-2019 3/3 guard Ramchandra Yadav. Moreover, Anisha Devi, the wife of Birendra Singh, has lodged the case against the petitioner and his other family members with the contention that when she and her husband reached at the house of the petitioner to meet her cousin Rakhi Devi, they were confined at the house of the petitioner. While the petitioner is accused in one more case, as detailed in paragraph-3 to this application, but in that case, he is on bail.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his 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, Nawada, in connection with Rajauli P.S. Case No.39 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T