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Patna High CourtCR. MISC./55675/2022allowed

Anil Kumar Ram @ Anil Ram v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55675 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== Anil Kumar Ram @ Anil Ram Son Of Nathuni Ram R/V- Bhaduar, P.SRudrapur, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 504, 354, 307/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused, variously armed, came at the door of informant and started abusing. When the informant made protest, they assaulted her due to which she sustained injuries. It is specific allegation against the petitioner that he assaulted the

Patna High Court CR. MISC. No.55675 of 2022(2) dt.17-01-2023 2/3 informant by means of iron rod due to which she sustained injuries on his waist.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 12.05.2022. It is further submitted that F.I.R. has been lodged after an inordinate delay of 19 days. There is no specific over act of allegation is levelled against the petitioner. The specific allegation of assaulting by means of Axe is attributed against the coaccused, namely, Rajesh Kumar. Medical report (Annexure 2) does not corroborate with the prosecution version of the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.55675 of 2022(2) dt.17-01-2023 3/3 and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rudrapur P.S. Case No. 68 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) nirajkrs/- U T