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Patna High CourtCR. MISC./68358/2024bail granted

Mukesh Kumar Chaudhary @ Mukesh Chaudhary v. The State Of Bihar

2024-10-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68358 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Mukesh Kumar Chaudhary @ Mukesh Chaudhary Son of Shri Shiv Kishor Chaudhary R/o Village- Dhobopur Bansara, P.S.- Hayaghat, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 307, 379, 354(B), 504, 506, 34 of the Indian Penal Code.

3. As per F.I.R., this petitioner and other co-accused persons abused and assaulted informant and his wife. It is also alleged that this petitioner, in a drunken condition, tried to outrage modesty of informant's wife and committed theft of Rs. 40,000/- from the pocket of informant.

4. Learned counsel for the petitioner submits that petitioner and informant are own brothers, but due to admitted land dispute between the parties, this false and concocted case has been lodged. As a matter of fact, father of petitioner had

Patna High Court CR. MISC. No.68358 of 2024(2) dt.23-10-2024 2/2 executed a sale-deed in favour of co-accused Priti Chaudhary with regard to a piece of land, for which, informant has also lodged a title suit, vide Title Suit No. 213 of 2024, which is pending before the learned Sub-Judge - IX, Darbhanga. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learnedA.C.J.M. - VIII, Darbhanga in connection with G.R. No. 1669/2024, arising out of Hayaghat P.S. Case No. 57/2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T