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Patna High CourtCR. MISC./54517/2024bail granted

Ankit Kumar v. The State Of Bihar

2024-08-28Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54517 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Ankit Kumar Son of Raj Kumar Singh R/O Gyanchak, P.s.- Didarganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2024 Heard the parties.

2. The petitioner is apprehending arrest in connection with Didarganj P.S. Case No.19 of 2024 instituted under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code lodged on 19.01.2024 by the informant, Pushpa Devi.

3. As per the prosecution story, the informant alleged that her husband had gone to feed cattle, when the accused person came and started assaulting the informant. Allegation against this petitioner is of giving knife blow to the lady on the back while Baiju Kumar assaulted with bricks causing injury on her head. Further allegation is of snatching gold chain. Accordingly the FIR.

4. Learned counsel for the petitioner submits that a complaint was also filed on behalf of the accused against the

2/4 informant's side, they being the agnates. The further submission is that this petitioner had also sustained injury and was treated at NMCH. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.10,000/- through Demand Draft issued by the local branch of the State Bank of India to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.

5. Learned counsel also submits that injury has been found to be simple in nature.

6. Learned APP opposes the prayer submitting that though injury has been found to be simple in nature, the allegation is of giving knife blow to the informant.

7. Taking into account the submission as also that the petitioner also sustained injury and was treated at NMCH a complaint has been there, he do not have any criminal antecedent and the injury has been found to be simple in nature, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 10000/- to the informant through Demand Draft issued by the local branch of the State Bank of India to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after

3/4 checking the credentials.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Didarganj P.S. Case No.19 of 2024 to the satisfaction of learned Judicial Magistrate 1st class, Patna City subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or

4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/Ravi U T