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Patna High CourtCR. MISC./50226/2024allowed

Dilkush Prasad @ Dilkhush Prasad v. The State Of Bihar

2024-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50226 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- HILSA District- Nalanda ====================================================== Dilkush Prasad @ Dilkhush Prasad Son of Late Raju Prasad R/O Vill.- Murgichak, P.S.- Hilsa, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 614 of 2023, instituted under Sections 341, 323, 325, 354, 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence petitioner along with other co-accused persons assaulted the informant, her mother-in-law and her daughter causing injuries to them. The accused persons also took gold Jewellery of the informant and cash of Rs. 50,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity between petitioner's maternal uncle and the informant. There is case and counter case between the

Patna High Court CR. MISC. No.50226 of 2024(2) dt.31-08-2024 2/2 parties. There is delay of about 24 hours in filing the F.I.R. without assigning any reason for delay. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 614 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T