Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56030 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Guddu Rai Son of Bharat Rai R/o Village- Bhitgarhwa Math, P.S.- Patahi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Patahi P.S. Case No. 11 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 354B, 379/34 of the Indian Penal Code.

3. Prosecution case, in short, is that, the petitioner along with other co-accused persons went to house of the informant and started assaulting her. It is further alleged that coaccused Bharat Rai gave Kudal blow on the head of the informant whereas this petitioner torn her clothes.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.56030 of 2024(2) dt.09-08-2024 2/3 Learned counsel for the petitioner submitted that the allegation of assault is general and omnibus is nature. The specific allegation of assaulting the informant by means of Kudal is attributed to co-accused Bharat Rai who has already been granted regular bail by this Bench vide order dated 22.05.2024 passed in Cr. Misc. No. 37696 of 2024. Learned counsel further submitted that petitioner is pattidar of the informant and due to some land dispute with regard to partition of the property, the present petitioner has been falsely implicated in this case. Learned counsel further submitted that petitioner has no intention to outrage the modesty of the informant and, in fact, such allegation is ornamental in nature. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.56030 of 2024(2) dt.09-08-2024 3/3 below/concerned Court in connection with Patahi P.S. Case No. 11 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Alok Verma/- U T