Pintu Kumar Das @ Pintu Das @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54299 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.
Pintu Kumar Das @ Pintu Das @ Pintu Kumar S/o Munna Das 2.
Gobiya Devi W/o Munna Das R/o village- Matihaani, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard Mr.Jitendra Narain Sinha, learned counsel for the petitioners and learned APP for the State. The petitioners apprehend their arrest in connection with Khodawandpur P.S. Case No.68 of 2022 instituted under Sections 341, 323, 307, 324, 354B, 504,34 of the Indian Penal Code.
As per the FIR, the informant alleged that the accused persons variously armed reached his door and after abusing him, allegation against petitioner no.1 is of assaulting the informant on his head as also against petitioner no.2 who assaulted his wife. Accordingly, the FIR was lodged.
Learned counsel for the petitioners submit that the allegation is of 28.03.2022 but the injury report which he has annexed as Annexure-2 Series shows that the doctor has
Patna High Court CR. MISC. No.54299 of 2022(2) dt.18-01-2023 2/3 signed/submitted the same on 25.05.2022 and no reason has been given for this delay of two months. He further submits that even going through the injury report, it does not show that the injury is grievous in nature as the same has not been opined. The last submission is that irrespective of the outcome of the present petition as also accepting the allegation, the petitioners would like to contribute towards the medical assistance of Rs. 25,000/- to the informant through Demand 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 on the other hand submits that although there is direct allegation of assault on Pintu Das, he concedes that the injury report does not match with the allegation inasmuch as it has not been opined to be grievous. Taking into account the fact that petitioner no.2 is lady, both the petitioners do not have criminal antecedent, will be cooperating in police investigation and appear diligently in trial, this Court is inclined to extend the benefit of anticipatory bail subject to payment of Rs.25,000/- as stated above with further condition that the petitioner no.1 shall be visiting the concerned police station for next six months every fortnight to
Patna High Court CR. MISC. No.54299 of 2022(2) dt.18-01-2023 3/3 mark his attendance.
Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Khodawandpur P.S. Case No.68 of 2022 to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Prakash Narayan/ Ajay Singh U T