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Patna High CourtCR. MISC./69463/2023allowed

Mukesh Kumar Singh v. The State Of Bihar,

2023-11-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69463 of 2023 Arising Out of PS. Case No.-314 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Mukesh Kumar Singh Son of Ramesh Singh, Resident of Village - Krishnagarh, Police Station - Barhara, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 314 of 2023 instituted under Sections 147, 148, 149, 341, 323, 307, 325, 354, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, when the informant tried to enter into her matrimonial house, all the accused persons including the petitioner abused her and on instigation of the husband of the informant, namely, Ranjan Kumar Singh, the petitioner gave a blow of iron rod on her head which caused head injury to her.

4. Learned counsel for the petitioner submits that petitioner is cousin of the husband of the informant and he has no concern with the affairs of the petitioner and her husband. He

Patna High Court CR. MISC. No.69463 of 2023(2) dt.01-11-2023 2/2 further submits that petitioner has falsely been implicated in this case and the injury report does not corroborate with the allegation made by the informant. The F.I.R. has been lodged two days after the occurrence. He also submits that petitioner has no criminal antecedent and other co-accused persons have already been granted anticipatory bail by the learned Additional Sessions Judge-VIIIth, Bhojpur at Ara.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No. 314 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T