Amarnath Kumar @ Nanhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78611 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Amarnath Kumar @ Nanhki, S/O Vijay Yadav, Resident Of Village- Parsauna, P.S. Barabar Paryatak, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Babu, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Barabar Paryatak P.S. Case No. 16 of 2023, registered on 21.01.2023 for the offences under Sections 147, 148, 149, 342, 323, 325, 354, 379, 307, 448, 506, 504 and 511 of the Indian Penal Code.

3. As per prosecution case, petitioner entered into the house of the informant with wrong intention and started misbehaving with her. When the informant resisted, petitioner put her down and other co-accused persons joined and assaulted the informant and family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.78611 of 2023(3) dt.07-03-2024 2/3 case. There is case and counter case between the parties and Barabar Paryatak P.S. Case No. 17 of 2022 has been registered from the petitioner's side by one Malti Devi against nine persons of the informant side with similar allegation as the son of this petitioner tried to outrage the modesty of the informant of Barabar Paryatak P.S. Case No. 17 of 2022 and subsequently a free fight took place between two groups. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Jehanabad/court concerned in connection with Barabar Paryatak P.S. Case No. 16 of 2023, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.78611 of 2023(3) dt.07-03-2024 3/3 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T