Patna High CourtCR. MISC./65831/2023allowed

Dharmendra Parihar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65831 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Dharmendra Parihar Son Of Late Samuwa Parihar Resident Of Village -Pilkhana, Ps- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Musowir For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 354, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant was sleeping in her baramda, four accused persons including the petitioner in drunken position started to abuse her. On protest, they entered into her house and assaulted her. Specific allegation against the petitioner is of assaulting her on head by means of iron rod.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. As per injury report, informant has sustained six injuries but all are

Patna High Court CR. MISC. No.65831 of 2023(2) dt.17-10-2023 2/2 lacerated wound and doctor opined the nature of injuries are simple. Petitioner has got no criminal antecedent and languishing in judicial custody since 5.6.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 each to the satisfaction of the learned Judicial Magistrate 1st Class, Katihar in connection with Balia Belon P.S. Case No. 70 of 2023.

(Sunil Kumar Panwar, J) sushma/- U