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Patna High CourtCR. MISC./5030/2021bail granted

Md. Guddu v. The State Of Bihar

2021-08-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5030 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- SAKRI District- Madhubani ====================================================== Md. Guddu, Son of Md. Hati, Resident of Village - Maksooda, P.S. - Sakari, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard Mr. Ratanakar Jha, the learned Advocate for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Sakari P.S. Case No. 115 of 2020 (CRI Case No. 1433/2020), dated 20.07.2020, instituted for the offences under Sections 341, 323, 324, 307, 342, 506, 379 and 34 of the Indian Penal Code.

The accusation against the petitioner is of having given knife blows on the informant after his hands and legs were tied. He was also divested of his personal belongings. It has been submitted on behalf of the petitioner that this false case has been lodged to remonstrate against

Patna High Court CR. MISC. No.5030 of 2021(2) dt.06-08-2021 2/3 the accusation made against him by the sister-in-law of the petitioner vide Sakari P.S. Case No. 114 of 2020, instituted for the offence under Section 376 and other sections of the I.P.C. The sister-in-law of the petitioner was attempted to be molested. The present case is only a counter blast to the aforesaid case. It has further been submitted that the injuries suffered by the informant are stated to be simple in nature. The petitioner and the informant are also related to each other.

Thus it appears, it has been urged, that because of the accusation against the informant by the sister-in-law of the petitioner, the petitioner has been made accused in this case.

Considering the grounds afore-noted, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection

Patna High Court CR. MISC. No.5030 of 2021(2) dt.06-08-2021 3/3 with Sakari P.S. Case No. 115 of 2020 (CRI Case No. 1433/2020), subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T