Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57724 of 2024 Arising Out of PS. Case No.-41 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== Deepak Kumar son of Pramod Kumar Village- Barh Po- gali Infront of Railway Station Barh Ps- Barh Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Adv For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Noorsarai P.S. Case No. 41 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.
3. As per FIR, petitioner who was in live in relationship with daughter of informant for long 3 years, when on one occasion after returning from Delhi approaching Rajgir, on the way assaulted the daughter of informant by using knife with an intention to cause her death.
4. It is submitted by learned counsel appearing on behalf of the petitioner that informant was not happy with the relationship of petitioner with her daughter and in want of approval of said relationship, the present false case was lodged without
Patna High Court CR. MISC. No.57724 of 2024(5) dt.02-02-2026 2/3 having any cogent material. It is also submitted that allegation of assault is appearing false on its face as upon radiological examination of brain of injured daughter of informant, it appears that "brain parenchyma appears normal in density and morphology, no focal lesion seen neither any mass effect nor midline shift noticed besides brainstream and cerebellum appears normal and no fracture was seen in bone window setting" suggesting sufficiently that there was no injury as alleged and if it is so, prima-facie not grievous in nature negating intention of petitioner to cause death of daughter of the informant. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of nature of accusations as petitioner was in live-in relationship for long three years with daughter of informant, where nature of injury also creates a doubt, qua allegation of assault, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda, Bihar
Patna High Court CR. MISC. No.57724 of 2024(5) dt.02-02-2026 3/3 Sharif/concerned Court, where the case is pending in connection with Noorsarai P.S. Case No. 41 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T