Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62073 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- BARH District- Patna ====================================================== NITISH KUMAR Son of Munni Mahto Resident of Village- Sadigpur, P.S.- Barh, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey For the Opposite Party :

Mr. Dr Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Barh P.S. Case No. 271 of 2021, registered for the offence punishable under Sections 341, 323, 448, 354(B), 308, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner and his family members including the mother of the petitioner have been made accused. It is alleged against the petitioner that he had attempted to outrage the modesty of the informant and when the informant complained about the petitioner's misdeed, his family members entered into the house of the informant and assaulted the informant. It is alleged that in that course, the petitioner again

Patna High Court CR. MISC. No.62073 of 2021(2) dt.06-04-2022 2/3 attempted to outrage the modesty in the presence of his family members and assaulted her variously.

Learned counsel appearing on behalf of the petitioner has submitted that the informant's family and the family of the petitioner are next-door neighbours and registration of the First Information Report is because of dispute between them over a common passage. He has also submitted that a counter case has been registered as Barh P.S. Case No. 272 of 2021 by the petitioner in respect of the occurrence said to have taken place on the same date and at the same time. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the facts and circumstances, as noted above, and the nature of accusation against the petitioner emerging from the First Information Report as the petitioner has remained in custody since 11.07.2021, in my view, a case for grant of regular bail is made out.

This application is accordingly allowed.

Let the petitioner, above named, 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 the learned A.C.J.M.-I, Barh, District-Patna, in connection with

Patna High Court CR. MISC. No.62073 of 2021(2) dt.06-04-2022 3/3 Barh P.S. Case No. 271 of 2021.

(Chakradhari Sharan Singh, J) Pawan/- U T