Dinesh Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53314 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- JAMUI District- Jamui ====================================================== DINESH GOSWAMI SON OF LATE MUSO GOSWAMI R/O VILLAGESUGGI, P.S.- JAMUI, DIST.- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 85 of 2022 for the offence registered under Sections 147, 149, 323, 324, 337, 427, 307, 436 and 504 of the Indian Penal Code.

As per the prosecution story, the allegation is that the petitioner's wife Shobha Devi gave sword and thereafter the petitioner used the same to give blow to the informant as a result of which he suffered injury on the head. The further allegation against other accused persons is of setting the house on fire. Learned counsel for the petitioner submits that a bare perusal of the order of the learned Sessions Judge would show that the injury has been found to be simple in nature and further a case has been lodged by their side. The last submission is that irrespective of the result of the present case, the petitioner

Patna High Court CR. MISC. No.53314 of 2022(2) dt.13-01-2023 2/2 would like to pay a sum of Rs. 5,000/- to the injured through bank draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials. Learned APP for the State opposes the prayer for anticipatory bail.

Taking into account the fact that the injury has been found to be simple in nature, the petitioner will be copperating in course of investigation and ultimately he has to face the trial, this Court is inclined to grant him relief subject to payment of Rs. 5,000/- as stated above.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 85 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/NehaU T