Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63971 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== Nitish Kumar, Son of Niranjan Singh, R/o Village- Jhitkia, P.S.- Maheshkhunt, District- Khagaria, permanent R/o Village- Maiddasiyapur, P.S.-Muffasil, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Maheshkhunt P. S. Case No. 83 of 2018, dated 25.06.2018 instituted for the offences under Sections 323, 341, 342, 504, 506, 307 and 34 of the Indian Penal Code.

The house lady/informant has alleged that when her husband went to demand monthly rental of the house from Niranjan Singh, who is the father of the petitioner, aforesaid Niranjan Singh and the petitioner assaulted him so much that he had to be taken to Referral Hospital at Gogari. Learned counsel for the petitioner has submitted that there is no injury report on record, which fact finds

Patna High Court Cr.Misc. No.63971 of 2018(2) dt.13-12-2018 2/2 mention in the order impugned.

He has further submitted that there was a dispute with respect to tenancy and the house owner wanted the father of the petitioner to vacate the house. The father of the petitioner has vacated the house now and the petitioner resides somewhereelse. Regard being had to the aforesaid facts as also taking into account that the petitioner does not have any criminal antecedents, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Maheshkhunt P. S. Case No. 83 of 2018 , subject to the conditions as laid down under Section 438 (2) Cr.P.C.

skm/- (Ashutosh Kumar, J) U