Bansraj Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73470 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== BANSRAJ KUSHWAHA SON OF HARI LAL KUSHAWAHA RESIDENT OF VILLAGE - DALSAGAR, POLICE STATION - BUXAR (I), DISTRICT - BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Singh For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code.

3. Petitioner, who is the brother-in-law of the informant is said to have assaulted her due to which she got injured.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the dewar of the informant and there is no specific overt act against him. There is no matrimonial problem with the informant. He further submits

Patna High Court CR. MISC. No.73470 of 2023(3) dt.05-03-2024 2/2 that the petitioner and husband of the informant are living separately from a long time and petitioner has no concern with the day to day life of the informant. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Buxar (I) P.S. Case No.186 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T