Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3119 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== MANOJ PRASAD Son Of Bhagwan Das Resident Of Village - Golden Chok, Mahadeo Nagar, P. S. - Sheikhpura, District - Sheikpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 448, 341, 323, 324, 307 504, 379, 504, 427, 506 of the Indian Penal Code. Allegedly, while the informant was sitting on her door, in the meantime, co-accused persons came with lathi, danda, Gadansa and rod and began to abuse the informant and her father. On protest, all culprits entered the house and assaulted the informant's father and destroyed all the household articles. When she came to rescue her father, she was assaulted. It is also

Patna High Court CR. MISC. No.3119 of 2021(2) dt.08-07-2021 2/3 alleged that golden chain of Bhabhi of the informant was snatched away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The nature of injury is said to be simple. At best, it is a case for the offence under Section 324 of the Indian Penal Code. No offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 220 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.3119 of 2021(2) dt.08-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T