Bishundeo Gupta @ Vishnudev Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1424 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Bishundeo Gupta @ Vishnudev Gupta Son Of Late Surya Narayan Gupta R/V- Pathrahi, P.S- Laukaha, Dis- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons started abusing the informant and when she raised protest then petitioner tried to outrage her modesty and assaulted her by Farsa due to which she sustained head injuries. It is further alleged that when one Santosh Gupta came to

Patna High Court CR. MISC. No.1424 of 2023(2) dt.28-03-2023 2/3 save her, he was also assaulted by the petitioner and other co-accused persons due to which he also sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. From perusal of the injury report of the informant as well as injury report of one Santosh Gupta, it appears that doctor has opined the injuries as simple in nature. It is further submitted that a compromised petitioner has been filed between the parties (Annexed as Annexure 4 with this petition). Moreover, the petitioner is languishing in judicial custody since 05.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.1424 of 2023(2) dt.28-03-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laukaha P.S. Case No. 234 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) nirajkrs/- U T