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Patna High CourtCR. MISC./65310/2023bail granted

Sintu Kumar v. The State Of Bihar

2023-11-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65310 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== SINTU KUMAR S/O RAMSWARUP YADAV R/O VILLAGE- AMAWAN, P.S- RAJAULI, DISTT.- NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Rajauli P.S. Case No. 137 of 2023 dated 03.03.2023 registered for the offence/s punishable u/ss 143, 147, 149, 341, 323, 354A, 354B, 307, 504 and 506 of the Indian Penal Code, section 27 of the Arms Act and sections 3 (i) (r) (s), 3 (2) (v) of the SC/ST Act.

4. As per the prosecution case, when the three girls of the informant side went to attend call of nature, the petitioner

Patna High Court CR. MISC. No.65310 of 2023(2) dt.06-11-2023 2/3 and the co-accused persons along with 30 unknown persons tried to outrage their modesty and pulled their duppatta forcibly and abused them by taking their caste name. When the family members of the informant went to rescue, they started firing due to that Sonu Rajbansi and Shibu Ram sustained injuries.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation of firing is against the co-accused Sintu Kumar. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Nawada in connection with Rajauli P.S. Case No. 137 of 2023, subject to conditions as laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.65310 of 2023(2) dt.06-11-2023 3/3 Criminal Procedure.

8. The application stands allowed.

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