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Patna High CourtCR. MISC./78519/2023bail granted

Munna Singh @ Munna Kumar Singh v. The State Of Bihar

2024-01-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78519 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== MUNNA SINGH @ MUNNA KUMAR SINGH SON OF RAM EKBAL SINGH @ SINGHASHAN SINGH RESIDENT OF VILLAGEMOHANPUR, PS- KARAKAT, DISTT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Karakat PS case no. 28 of 2023, disclosing offences punishable under Section 307, 354(B) and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 05.02.2023, while the informant was sleeping in her home, the petitioner entered into the house of the informant, tried to outrage her modesty and on protest being made by her, she was abused and assaulted on her head by some weapon.

4.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.78519 of 2023(2) dt.10-01-2024 2/3 petitioner has falsely been implicated in this case due to family as well as land dispute between the parties, informant is aunt of the petitioner and both parties are own family members and next door neighbours. He further submits that one day prior to the occurrence i.e. on 04.02.2023, informant side had outraged the modesty of the daughter of the petitioner and also cut-ff the beard of father of the petitioner. He also submits that injury caused to the informant is simple in nature, as would be evident from injury report, which is annexed as Annexure-2 to this application.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are close family members and there is land dispute between them and moreover, the injury sustained by the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, 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 Additional Chief Judicial Magistrate-I,

Patna High Court CR. MISC. No.78519 of 2023(2) dt.10-01-2024 3/3 Bikramganj, Rohtas in connection with Karakat PS case no. 28 of 2023, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

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