Dilip Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62254 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Dilip Mali S/O Ramnarayan Bhagat R/O Village- Ranipur, P.S- Shashpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Malti Kumari For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2.

3. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

4. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that she was cleaning the drain in front of the house when wife of the petitioner started abusing her and on protest, it is alleged that wife of the petitioner slammed the informant on ground and thereafter, petitioner assaulted her by an iron rod causing injury on head and also assaulted the brother

Patna High Court CR. MISC. No.62254 of 2024(4) dt.16-12-2024 2/3 in-law of the informant, who came in her rescue.

5. The learned counsel for the petitioner submits that petitioner admittedly are related and are having dispute relating to land and a dispute had arisen in between the informant and wife of the petitioner when wife of the petitioner slammed the informant on ground causing injury, but then, the husband came to be implicated in order to coerce Nirmala Devi into submission. It is also submitted that petitioner is not a criminal and will not abscond rather will cooperate in the investigation to prove his innocence.

6. The learned Additional Public Prosecutor opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Ara, Bhojpur in connection with Shahpur P. S. Case No.187 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.62254 of 2024(4) dt.16-12-2024 3/3

8. The application stands allowed.

9. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) vikash/- U T