Vicky Kumar @ Bicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46885 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- NALANDA District- Nalanda ====================================================== VICKY KUMAR @ BICKY KUMAR Son of Late Bhola Ram Resident of Village- Kool Mathpar, P.S.- Nalanda, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Nalanda P.S. Case No.64 of 2019 registered under Sections 323, 341, 504, 506, 379 and 308/34 of the Indian Penal Code. The accusation is that on 03.05.2019 at about 10.00 P.M., the informant Savita Devi was sleeping at her house along with her daughter Soni Kumari. In the meantime, this petitioner and Shyama Devi while abusing, entered into her house by jumping the wall and this petitioner opened the door of the house. When the informant woke up, then she saw the petitioner armed with iron rod and when the informant asked him what happened, then this petitioner started to cause assault to her through iron rod. When the daughter of the informant rushed to intervene into the matter, then Shyama Devi
Patna High Court CR. MISC. No.46885 of 2019(2) dt.30-07-2019 2/2 caught her hair and this petitioner started to cause assault to her through iron rod. When the informant tried to save her daughter, then this petitioner caused injury on her head through iron rod, due to which she fell down. Thereafter, this petitioner and Shyama Devi took away Rs.3000/- silver payal and gold earrigng, as kept in the box, from the room of the informant.
Learned counsel for the petitioner submits that, in fact, the hot exchange of words took place in between the parties but with an ulterior motive, the informant has lodged the present case, after five days of the occurrence. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Nalanda P.S. Case No.64 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T