Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66927 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- Amhara District- Lakhisarai ====================================================== Pawan Kumar S/o Parikshit Singh R/o vill - Babhangama, P.S. - Amahara, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This application, for grant of anticipatory bail arises out of Amhara P.S. Case No. 13 of 2024, disclosing offences under Sections 341, 342, 323, 379, 354(B), 454, 420, 406, 504, 506 and 34 of the I.P.C.

3. The prosecution case, as per the F.I.R. is that on 12.04.2024, the petitioner along with other accused persons entered into the house of the informant, started abusing and assaulting her and tried to outrage her modesty. It has further been alleged that when the neighbour intervened, the accused persons damaged the house of the informant and looted gold chain on the point of pistol and threatened not to give patta of land to anybody.

Patna High Court CR. MISC. No. 66927 of 2024(2) dt.03-10-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to family dispute. The petitioner and the informant are agnates and both are living in the same house. The present F.I.R. has been lodged due to previous land dispute between them. The informant is aunt of the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation, the fact that both the parties are agnates and there is land dispute 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Amhara P.S. Case No. 13 of 2024, subject to the condition laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) sadique/- U T