Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71019 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== Ajit Kumar, Son of Subhash Singh Resident of Village- Pawai, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Suryagarha P.S. Case No. 142 of 2021 registered for the offences punishable under Sections 341, 323,354(c),448,379,504,506/34 of the Indian Penal Code. Allegation against the petitioner is of taking photograph at the time of taking bath of the informant's wife. Learned counsel for the petitioner submits that there is long standing dispute of crossing the drainage water and all the accused persons are of the same family as well as next door

Patna High Court CR. MISC. No.71019 of 2021(2) dt.09-06-2022 2/3 neighbor and gotiya. He further submits that the alleged occurrence cannot be possible by a father and son that too with his own gotiya and petitioner has no criminal antecedent. He further submits that the other co-accused person Subhash Singh and Amit Kumar have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 17.05.2022 passed in Cr. Misc. No. 61951 of 2021. He also submits that the petitioner is ready to give an undertaking in the learned court below that he will not indulge in such type of activity in future. Learned APP for the State has opposed the prayer of anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Suryagarha P.S. Case No. 142 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure with further condition that the petitioner shall give an undertaking

Patna High Court CR. MISC. No.71019 of 2021(2) dt.09-06-2022 3/3 that he will not indulge in such type of activities in future. On violation of conditions metioned above by the petitioner, liberty is given to the learned court below to cancel the bail of the petitioner.

(Sunil Dutta Mishra, J) khushbu/- U T