Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3015 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== JITENDRA KUMAR Son of KUSHESHWAR MAHTO Residence Village - Pratappur, P.S. - Halsi, District - Lakhisharai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate 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 learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 324, 379, 354(b), 504, 506/34 of the Indian Penal Code.

Allegation is that the petitioner assaulted the husband of the informant by means of lathi on his head, due to which he sustained head injury and blood started oozing out. The petitioner outraged the modesty of the daughter of the informant.

Patna High Court CR. MISC. No.3015 of 2021(2) dt.08-07-2021 2/3 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 falsely been implicated in the present case. The alleged occurrence is said to have taken place on 12.07.2020 and the case was instituted on 15.07.2020. Delay has not been explained by the prosecution. There is land dispute between the parties and for the said reason the present case has been instituted.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the 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 J.M. 1st, Lakhisarai in connection with Halsi P.S. case No.142 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 two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.3015 of 2021(2) dt.08-07-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T