Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73890 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Monu Kumar, Son of Shri Dilip Kumar, Resident of Anathaiya Road, P.O. and P.S. and District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Katihar (Nagar) P.S. Case No. 185 of 2024 registered for the offence punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code.
3. The case of the prosecution is that the informant is working in postal department. On 24.02.2024 at about 10.30 A.M., his son Monu Kumar assaulted Shashi Kumar Das and him badly. It is further alleged that Monu Kumar assaulted with iron rod on the head of the informant, on his eyes and on left chick. Due to assault, he got unconscious.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.73890 of 2024(4) dt.24-01-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted that the occurrence is of 24.02.2024 whereas the F.I.R. has been lodged on 23.03.2024, it means after one month of the occurrence the F.I.R. has been lodged. From perusal of the F.I.R., it is clear that the allegation is agaisnt Monu Kumar (petitioner) that he has assaulted his father Dilip Kumar with iron rod. From perusal of the injury report, it is clear that Dilip Kumar has received three injuries. First is swelling on right lower, second is scratch and abraision and third is swelling. The nature of injury is simple and caused by hard and blunt object. The petitioner and informant are son and father. Petitioner is languishing in judicial custody since 26.06.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount
Patna High Court CR. MISC. No.73890 of 2024(4) dt.24-01-2025 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar (Nagar) P.S. Case No. 185 of 2024.
(Ashok Kumar Pandey, J) lata/- U T