Gopal Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54198 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Gopal Pathak Son Of Umesh Pathak Resident Of Village - Mehda Sahpur, Police Station - Cheria Bariyarpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Cheria Bariyarpur PS case no. 83 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 14.04.2024, while the informant and his son reached at the house with straw, they saw that petitioner's son namely Golu Kumar was pressing the neck of the informant's daughter by legs and when the informant raised alarm, wife of the informant arrived there, caught hold of Golu Kumar and took him before the petitioner. After seeing informant's wife,

Patna High Court CR. MISC. No.54198 of 2024(2) dt.31-08-2024 2/3 petitioner started abusing and assaulted her with the back portion of the spade.

4.

Learned Counsel for the petitioner submits that both parties are agnates, there is land dispute between them and a counter case has also been lodged by the side of the petitioner against informant and others bearing Cheria Bariyarpur PS case no. 87 of 2024. Learned counsel further submits that the injury caused to the informant's wife is simple in nature, as would be apparent from the impugned order itself.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact both parties are agnates, case and counter case is existing between them and injury caused to the informant's wife is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariyarpur PS

Patna High Court CR. MISC. No.54198 of 2024(2) dt.31-08-2024 3/3 case no. 83 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T