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Patna High CourtCR. MISC./46188/2022bail granted

Chandan Kumar v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46188 of 2022 Arising Out of PS. Case No.-198 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.

CHANDAN KUMAR Son of Basant pandit @ Basant Bhagat Resident of Village - Lohanipur, P.S.- Tekari, District - Gaya. 2.

Vikash Kumar Son of Basant Pandit @ Basant Bhagat Resident of Village - Lohanipur, P.S.- Tekari, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 342, 354(B), 379, 504, 506, 427, 337, 34 of the Indian Penal Code. As per F.I.R., all the accused persons including petitioners and 20-25 unknown persons, armed with weapons assaulted the informant and when his Bhabhi (sister-in-law) came to save him, it is alleged that these two petitioners tried to outrage her modesty. It is further alleged that accused persons also entered in the house and took away ornaments worth Rs. 2 lacs and also threatened to outrage the modesty of informant's daughter and daughter-in-law.

Patna High Court CR. MISC. No.46188 of 2022(2) dt.06-12-2022 2/2 It is submitted on behalf of petitioners that on account of petty dispute, a simple altercation took place between the parties. Both parties are next door neighbours. Allegation of outraging the modesty of informant's Bhabhi has been added only with a view to make the offence grave. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Gaya in connection with Tekari P.S. Case No. 198 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T