Dudhnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70426 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Dudhnath Ray S/O Late Shiv Ji Ray R/o Village- Shrinagar, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Tiwari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siwan Muffasil P.S. Case No.293 of 2024 instituted for the offence under Sections 341, 323, 325, 307, 379 and 506/34 of the Indian Penal Code.

3. The case of the prosecution is that this petitioner has assaulted with iron rod on the head of the informant due to which she sustained serious head injury. The informant alleged that when her son came for her rescue, he was also beaten with fists and danda due to which her son also sustained injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that the injury report has been annexed

Patna High Court CR. MISC. No.70426 of 2024(2) dt.25-10-2024 2/2 as Annexure-P/2 and from the perusal of the injury report, it is clear that the nature of injury is simple. There is no repetition of blow. The petitioner has been falsely implicated in this case. The petitioner is having clean antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Siwan Muffasil P.S. Case No.293 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T