Satish Tiwary @ Satish Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51615 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Satish Tiwary @ Satish Kumar Tiwari son of Late Chaturanand Tiwari Village- Matihani, Madho, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner came and started abusing her, on protest, Adarsh with sword and petitioner with an iron rod assaulted her causing injuries on head and body. Further, when her husband and elder brother-in-law came to save her, the accused did not stop rather continued assaulting.
4. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner and husband of the informant are own
Patna High Court CR. MISC. No.51615 of 2024(2) dt.14-08-2024 2/2 brother and are having dispute relating to land and from the side of the petitioner Mirganj P.S. Case No. 148/2024 has been instituted against the side of the informant. It is also submitted that even presuming what has been alleged is true without admitting then the injury suffered by the injured is simple in nature as would manifest from Annexure-3 to the anticipatory bail application, which amply demonstrates that petitioner never had any intention of committing a serious occurrence. It is also submitted that petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mirganj P.S. Case No.157/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T