Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49987 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Rohit Kumar S/o- Rambilash Mandal Village- Maksuspur Kali Ashtan PsKasim Bazar Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Suman Kumar Mishra, Advocate For the State :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354B, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, abused and assaulted informant and her family members.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case. Both parties are next door neighbours and there is land dispute between them. As a matter of fact, present case is counter-blast of Kasim Bazar P.S. Case No. 113
Patna High Court CR. MISC. No.49987 of 2024(2) dt.29-08-2024 2/3 of 2024 which has been lodged earlier in point of time by coaccused Sulekha Devi against the informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. It is further submitted that doctor has found the injuries allegedly caused by this petitioner to be simple in nature.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific allegation of assault against him.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and case and countercase between the parties, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger, in connection with Kasim Bazar P.S. Case No. 115 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.49987 of 2024(2) dt.29-08-2024 3/3 Procedure.
(Prabhat Kumar Singh, J) shashank/- U T