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Patna High CourtCR. MISC./64023/2021bail granted

Amlesh Kumar v. The State Of Bihar

2022-05-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64023 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== AMLESH KUMAR Son of Ram Naresh Kumar Resident of Village- Katahi Tola, Sshiyara, P.S.- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 354, 379 of the Indian Penal Code.

Prosecution case, in short, is that the petitioner molested the informant's daughter-in-law and also cut the salwar of the victim by a knife.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.64023 of 2021(2) dt.20-05-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. The offences are triable by the Magistrate. Both the parties are agnates. There is land dispute between the parties. The alleged occurrence is said to have taken place on 12.07.2021 and the case has been instituted on 16.07.2021. Delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Arvind Mishra, learned Judicial Magistrate, 1st class, Sitamarhi in connection with Sahiyara P.S. case No.93 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T