Raj Pallav @ Baua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53476 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== RAJ PALLAV @ BAUA S/o Magneshwar Prasad Singh Resident of P.I.T. Colony, L2/51, Kankarbagh, P.S.- Patrakar Nagar, Town and District- Patna, Patna 800020.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamala Kant Tiwary For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 The petitioner apprehends his arrest in connection with Patrakar Nagar P. S. Case No. 308 of 2018 registered under Sections 307,323,341,379,385 and 448/34 of the Indian Penal Code.
Allegation against the petitioner is that petitioner along with other accused persons assaulted the informant and his mother.
Mr. Uma Shankar Prasad, learned senior counsel appearing on behalf of the petitioner submits that petitioner as well as the informant are neighbours and there was strained relationship between two neighbours and due to the same, petitioner and his other family members have been implicated falsely. He submits that marriage of the petitioner was to be solemnised on 25.06.2018 and Tilak ceremony was fixed to be
Patna High Court CR. MISC. No.53476 of 2019(2) dt.27-08-2019 2/3 held on 18.06.2018 but a concocted case has been lodged against him with oblique motive on 14.06.2018 and the FIR of the same was sent to the concerned Magistrate after delay of one week on 21.06.2018, which would be evident from Annexure-4 to this application. Learned counsel further submits that no injury has apparently been caused to the mother of the informant or the informant inasmuch as from perusal of the treatment detail of the mother of the informant and X-ray, which is part of the FIR, it would be evident that no injury has been found by the doctor on the person of the mother of the informant. Learned counsel submits that two other co-accused persons have been granted anticipatory bail by the court below itself vide ABP No. 1197 of 2019 as such petitioner also deserves privilege of anticipatory bail.
After having heard learned counsel for the parties and taking into consideration the fact that both parties are neighbours and no serious injury has apparently been found on the person of the mother of the informant or the informant and petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.
Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.53476 of 2019(2) dt.27-08-2019 3/3 from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Judge-X-cum-ACJM, Patna in connection with Patrakar Nagar P.S.Case No. 308 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T