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Patna High CourtCR. MISC./71755/2022bail granted

Mananu Singh @ Mannu Singh @ Avimannu Singh v. The State Of Bihar

2023-04-29Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71755 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Mananu Singh @ Mannu Singh @ Avimannu Singh Son of Mookesh Singh @ Mukesh Singh @ Mukensh Singh R/V- Majhua, ward no. 5, P.SForbesganj, Dist- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

Petitioner in the present case is seeking pre-arrest bail in connection with Forbesganj P.S. Case No. 112 of 2021 dated 12.02.2021 registered for the offences under Sections 341, 323, 354, 354(A), 379, 504, 506/34 of the Indian Penal Code. The petitioner has no criminal antecedent.

As per the prosecution story, on 11.02.2021 at about 09:30 P.M. while the informant was going to her house after shutting her shop, three accused persons came there and started molesting her. Accused Kaila Singh and this petitioner pushed the informant on ground and forcibly molested her. The informant managed to escape somehow from there and she narrated the whole incident to her family members. Meanwhile,

Patna High Court CR. MISC. No.71755 of 2022(2) dt.29-04-2023 2/3 all the three accused persons came to the informant's house and assaulted her uncle and father. Kaila Singh and this petitioner inflicted injury on the head of informant's uncle by iron rod. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in this case because of old enmity. It is further submitted that both the parties are relatives and neighbours. Learned counsel submits that the injury on the body of the uncle of the informant is simple in nature and the petitioner has no criminal antecedent. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts that both the parties are said to be relatives and neighbours, the submission is that the petitioner has been falsely implicated because of old enmity and the injury on the body of the uncle of the informant has been found simple in nature, this Court grants bail to the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Forbesganj P.S. Case No. 112 of 2021 on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.71755 of 2022(2) dt.29-04-2023 3/3 Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T