Suman Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65490 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== Suman Kumar Choudhary S/o Late Rajdev Choudhary @ Late Kailu Kamat Resident of Village-Gaur Andhra, P.S.-Rudrapur, District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Rudrapur P.S Case No. 128 of 2022 dated 04.08.2022 registered for the offence punishable u/s 341, 323, 504, 354, 379, 506 and 34 of the Indian Penal Code.

4. As per the prosecution case, the accused persons including the petitioner assaulted the informant and her family with lathi, danda, bricks and fists. When her son

Patna High Court CR. MISC. No.65490 of 2023(2) dt.08-11-2023 2/3 and daughter-in-law came to save her, then they also assaulted them and snatched ornaments from the informant. They accused also threatened to kill her son and daughterin-law.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is a case and counter case between the parties. The petitioner and informant are neighbors and Gotiya. It is further submitted that there is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jhanjharpur at

Patna High Court CR. MISC. No.65490 of 2023(2) dt.08-11-2023 3/3 Madhubani in connection with Rudrapur P.S. Case No. 128 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T