Mithu Kumar @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46978 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1.

Mithu Kumar @ Mithun Kumar S/O Prakash Singh Resident of Village - Rampur Alouli, P.S.- Alouli, Dist.- Khagaria. 2.

Nitish Kumar S/O Prakash Singh Resident of Village - Rampur Alouli, P.S.- Alouli, Dist.- Khagaria.

3.

Suma Devi W/O Prakash Singh Resident of Village - Rampur Alouli, P.S.- Alouli, Dist.- Khagaria.

4.

Rinku Devi W/O Mithu Kumar Resident of Village - Rampur Alouli, P.S.- Alouli, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alouli P.S. Case no. 288 of 2024 instituted for the offence under Sections 126(2), 115(2), 353, 351(1), 329(3), 303(2), 76, 109, 3(5) of the B.N.S.

3. As per allegation in the FIR, on the alleged date of occurrence accused persons entered into the house of the informant and on order of accused Prakash Singh (husband of

Patna High Court CR. MISC. No.46978 of 2025(2) dt.04-08-2025 2/3 petitioner no. 3), petitioner no. 1 assaulted her by pistol on her head and petitioner no. 2 assaulted her by iron rod on her limbs and petitioner no. 4 snatched her ornaments worth Rs. 35,000/-. On alarm being raised by the informant, her husband came there to save her modesty but the accused persons also assaulted him mercilessly and threatened him to face dire consequence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is case and counter case between the parties. After going through the injury report (Annexure-2) it is evident that informant has received simple injury caused by hard and blunt object. Allegedly, petitioner was having country made pistol despite he has not fired.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Alouli P.S. Case no. 288 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.46978 of 2025(2) dt.04-08-2025 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria subject to the conditions as laid down under section 482 of the BNSS.

(S. B. Pd. Singh, J) sushma/- U