Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66483 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Sandeep Kumar Son of Late Basudeo Singh R/o Village- Balahata, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-10-2024

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

2. The petitioner apprehends his arrest in connection with Uchkagaon P.S. Case No. 148 of 2024 dated 18.05.2024 registered for the offence(s) punishable under Section(s) 341, 323, 307, 379, 504 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is brother-in-law of the informant, in fact, a matrimonial dispute exists in between the informant and petitioner's sister who happens to be wife of the informant and a criminal case under Section 498A of IPC had been lodged prior to the institution of the FIR by the

Patna High Court CR. MISC. No.66483 of 2024(2) dt.07-10-2024 2/3 petitioner's sister and if the allegations made in the FIR are taken to be true, even then, no serious allegation appears against this petitioner as the alleged occurrence is said to have taken place in the spur of the moment when the informant went to the petitioner's house to bring his wife and further on the person of the informant only one injury has been found and the same has been opined to be simple in nature. It is further submitted that the petitioner has fair and clean antecedent and he is a young person.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions and mainly the genesis of the occurrence coupled with the petitioner's fair and clean antecedent and the nature of allegation appearing against him, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Uchkagaon P.S. Case No. 148 of 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66483 of 2024(2) dt.07-10-2024 3/3 satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T