Tuntun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57603 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- Refinery District- Begusarai ====================================================== Tuntun Sah, Son of Surendra Sah, Resident of Village- Nurpur, P.S.- Refinery, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Refinery P.S. Case No. 16 of 2024 registered for the offences punishable under Sections 341, 323, 354(B), 379 and 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner tried to commit rape on the wife of the informant while she was in her room. On protest, the petitioner assaulted the informant with knife due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is case and counter case between the parties. It is further submitted that the allegation of causing injury is not corroborated with the

Patna High Court CR. MISC. No.57603 of 2024(2) dt.11-09-2024 2/2 injury report. As per allegation, knife has been used to cause injury, however, the injury report shows injury caused by hard and blunt substance. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Refinery P.S. Case No. 16 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T