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Patna High CourtCR. MISC./69109/2022disposed

Manish Kumar v. The State Of Bihar

2023-07-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69109 of 2022 Arising Out of PS. Case No.-493 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Manish Kumar Son Of Late Ganesh Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 2.

Shanit Devi Wife Of America Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 3.

Dewanti Devi Wife Of Shivnath Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 4.

America Sah Son Of Late Sitaram Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 5.

Manju Devi Wife Of Late Ganesh Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 6.

Basuder Sah Son Of Late Raghunath Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran 7.

Shivnath Sah Son Of Basudev Sah R/O Village- Banwa Tola, P.S.- Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner Nos. 2 to 7.

Permission is granted.

The anticipatory bail application with regard to petitioner Nos. 2 to 7 is dismissed as withdrawn. Heard the parties.

Petitioner No. 1 apprehends arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 354(B), 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.69109 of 2022(4) dt.04-07-2023 2/2 As per F.I.R., this petitioner caught hold of the informant and stabbed on her head with knife as a result of which she got injured.

Learned counsel appearing for the petitioner submits that no such occurrence, as alleged, has ever taken place. Petitioner is own brother-in-law of the informant and due to petty dispute this false and concocted case has been lodged against him. Doctor has found simple injury and petitioner has got clean antecedent.

Considering the simple nature of injury and facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner No. 1 in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P. S. Case No. 493 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T