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Patna High CourtCR. MISC./74375/2024bail granted

Sanoj Ram v. The State Of Bihar

2024-11-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74375 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- MAINATAND District- West Champaran ====================================================== Sanoj Ram Son of Late Shyamdev Ram Resident of village - Basantpur, P.S.- Mainatand, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Hemant Ray, Advocate Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mainatand P.S. FIR No. 121 of 2024 registered under Sections 115 (2), 126 (2), 109 (1), 74, 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 11.07.2024, in the morning, while the informant was working outside her house, verbal duel took place between the informant and wife of the petitioner. Upon which, the petitioner assaulted the informant by means of lathi on her head.

4. Learned counsel for the petitioner submits that both the

Patna High Court CR. MISC. No.74375 of 2024(2) dt.13-11-2024 2/3 parties are closely related and the informant's husband is full brother of the petitioner. He next submits that due to family dispute the present FIR has been lodged and the injury found to the informant is simple in nature. Referring to the injury report, learned counsel submits that allegation of assault by the petitioner upon informant is by hard and blunt substance by lathi, whereas, the simple injury has been found caused by the sharp cutting weapon.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related and injuries found to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran, in connection with Mainatand P. S. FIR No. 121 of 2024, subject to the condition laid

Patna High Court CR. MISC. No.74375 of 2024(2) dt.13-11-2024 3/3 down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) krishnakant/- U T