Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53866 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Manish Kumar S/O Arun Das R/O Village- Salempur Salkhani, P.S- Patepur, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravish Mishra, Advocate For the Opposite Party :

Ms. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Patepur P.S. Case No. 341 of 2022 dated 19.12.2022, instituted for the offences punishable under Sections 341/323/354(B)/379/342/504/506/34 of the Indian Penal Code.

3. The case of prosecution, in short, is that on 26.10.2022 the petitioner along with other accused persons had come to the house of the informant and started abusing the informant and threatened to kill her. It is further alleged that the informant lodged a complaint in the Police Station against them, upon which on 27.10.2022, they again came to

Patna High Court CR. MISC. No.53866 of 2023(2) dt.23-08-2023 2/3 the house of the informant and assaulted her and her children and attempted to commit rape with her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the occurrence took place on 27.10.2022 and the F.I.R. was lodged on 17.12.2022 i.e., after about two months from the date of occurrence. It is further submitted that the allegations of assault has been levelled against the petitioner but no injury report have been produced to corroborate the same. Further, it is submitted that there is a land dispute between the parties. Lastly, it has been submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Patepur P.S. Case No. 341 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur,

Patna High Court CR. MISC. No.53866 of 2023(2) dt.23-08-2023 3/3 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Shanu/- U T