Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68922 of 2023 Arising Out of PS. Case No.-705 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Dilkhush Kumar Son Of Okil Kumar @ Okil Yadav Village- Bhagwatpur, Ward No. 09, Ps- Saur Bazar, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Saur Bazar P.S. Case No. 705 of 2022 dated 29.11.2022 registered for the offence(s) punishable under Section(s) 147, 149, 341, 323, 307, 354-A, 384, 379, 504 and 506 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that against the petitioner, there is criminal antecedent of one case in which he is on bail and the specific allegation appearing against this petitioner from FIR is that he and co-accused Pintu Kumar Yadav pushed the gotni (sister-in-law) of the informant on the ground and also tore her clothes but the said allegation is completely false and

Patna High Court CR. MISC. No.68922 of 2023(2) dt.07-11-2023 2/2 ornamental and the FIR was lodged after delay of 4 days and both the parties are co-villagers and the allegation of assaulting Dholan Yadav is against co-accused and the informant did not disclose any motive on the part of petitioner to be involved in the alleged occurrence with other co-accused persons.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and the nature of allegation appearing against this petitioner, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Saur Bazar P.S. Case No. 705 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T