Patna High CourtCR. MISC./79378/2023bail granted

Pankaj Sharma v. The State Of Bihar

2024-01-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79378 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== PANKAJ SHARMA S/O GYANI SHARMA R/O VILLAGE- MAHESHPUR, P.S- BHAGWANPUR, DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Maharaj, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 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 a case in connection with Bhagwanpur (Teyay OP) P.S. Case No. 69 of 2023 dated 22.03.2023 registered for the offence/s punishable u/ss 341, 323, 307, 354B, 325, 379, 504 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant. On being objected, all the accused persons assaulted him with

Patna High Court CR. MISC. No.79378 of 2023(2) dt.23-01-2024 2/3 bamboo causing broken injury to his teeth and hip. When the wife and the daughter of the informant came to rescue, all the accused persons also assaulted them with brick, kick and the petitioner assaulted the informant with iron rod and he also bit his teeth on the breast of the informant's daughter and tried to outrage her modesty and also snatched golden ear ring and golden chain.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The allegation against the petitioner is of assaulting the informant with iron rod on his shoulder though the injury is grievous in nature which is on non-vital part of the body. The petitioner and the informant are next door neighbour. As per FIR, the allegation against the petitioner is of biting the teeth on the breast of the informant's daughter but no any injury was found on her breast. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition 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

Patna High Court CR. MISC. No.79378 of 2023(2) dt.23-01-2024 3/3 enlarged on 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, Begusarai in connection with Bhagwanpur (Teyay OP) P.S. Case No. 69 of 2023, 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) guddukr/- U T