Patna High CourtCR. MISC./62896/2024bail granted

Manu Sah v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62896 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- CHARPOKHARI District- Bhojpur ====================================================== Manu Sah Son of Salendra Sah R/O Vil.- Nagri, P.S.- Charpokhari, Dist.- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Charpokhari P.S. Case No. 74 of 2024 dated 29.03.2024 registered for the offences punishable u/ss 341, 323, 354, 504, 506 read with section 34 of the Indian Penal Code. Later on 307 of the Indian Penal Code was added.

3. As per the prosecution case, when the informant was looking after her children, in the meantime, the petitioner and the co-accused person entered the room of the informant and started molesting her. On being objected by the informant, they started assaulting her. After hearing the noise, the

Patna High Court CR. MISC. No.62896 of 2024(2) dt.24-09-2024 2/3 informant's father-in-law, mother-in-law and sister-in-law started abusing and assaulting the informant. Thereafter, the informant narrated the incident to her brother on mobile phone. When the informant's brother Sushil Kumar and Rahul Kumar came to the informant's house to inquire the matter then the petitioner and the co-accused, Salendra Sah assaulted Rahul Kumar with sharp cut weapon with intent to kill causing head injury. The injured was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 21.03.2024 but the F.I.R. was lodged on 29.03.2024 and there is no explanation for this delay. As per the injury report (Annexure P/2) of Rahul Kumar, he sustained three injuries which are simple in nature. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.62896 of 2024(2) dt.24-09-2024 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 74 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T