Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67106 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Mukesh Kumar S/o Baleshwar Prasad Yadav R/o Village- Gopalpur (Dibour), PS- Rajauli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Rajauli Police Station Case No. 207 of 2024, dated 03.05.2024, disclosing offences under Sections 341/323/504/354(A)/379 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 30.04.2024, in the evening, while the informant was cooking at home, her brother-in-law i.e. the petitioner came in intoxicated condition, started abusing, used derogatory words against her and assaulted her. When the husband of the informant came to save her, he was also assaulted by the petitioner.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case
Patna High Court CR. MISC. No.67106 of 2024(2) dt.21-10-2024 2/2 due to land dispute between family members. He next submits that the petitioner is elder brother-in-law (bhasur) of the informant and the husband of the informant is own brother of the petitioner. He further submits that there is no sign of any injury on the informant.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are close family members and there is dispute regarding property between them, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada, in connection with Rajauli Police Station Case No. 207 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T