Binod Singh @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51478 of 2022 Arising Out of PS. Case No.-16 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== BINOD SINGH @ BINOD KUMAR SON OF LATE MUSESHWAR SINGH R/O VILLAGE- NEW AREA, P.S.- DEHRI (NAGAR), DISTRICTROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Dehri(T) P.S. Case No. 16 of 2020 under sections 448, 341, 323, 308, 379, 504, 509, 34 of the Indian Penal Code. As per the prosecution story, the informant alleged that the son and daughter-in-law of the informant came and started assaulting his maternal grand son, Rabi and in the process gave injury on the head. When the locals arrived at the seen of occurrence, he was saved and accordingly, the FIR. Learned counsel for the petitioner submits that it is family affairs in which due to hot blood, the occurrence took place for which both the parties have lodged the case, the petitioner do not have any criminal antecedent and lastly the

Patna High Court CR. MISC. No.51478 of 2022(2) dt.16-01-2023 2/2 injury has been found to be simple in nature. Further, the allegation is that his maternal nephew suffered injury, for his medical treatment, he would like to give Rs. 5,000/- irrespective of outcome of the present case and/or accepting the allegation. Taking into account the fact that the injury has been found to be simple in nature and the petitioner do not have any criminal antecedent, this Court is inclined to grant him the privilege of anticipatory bail subject to payment of Rs. 5,000/- as stated above.

Let the petitioner be released on bail, in the event of his arrest or surrender 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 like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri on Sone, in connection with Dehri(T) P.S. Case No. 16 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T