Karn Kumar @ Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39620 of 2018 Arising Out of PS.Case No. -33 Year- 2016 Thana - BAKHTIYARPUR District- PATNA ===================================== Karn Kumar @ Prahlad Kumar Son of Babu Sahab, resident of Village- Lailak, P.S.- Sabour, District- Bhagalpur, at present Pariya, P.S.- Bariarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2018 The petitioner seeks bail in connection with Bariyarpur P.S. Case No. 33 of 2016 dated 12.03.2016 instituted for the offences under Sections 302, 307, 354(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, who is wife of the deceased has alleged in the F.I.R that while she along with her husband (deceased) was coming back home after working in the field, three accused persons viz. Sadanand Mandal, Gholat Singh @ Gholta and Lalba @ Lalo Mandal surrounded them and attempted to outrage her modesty. When this was objected to by the husband of the informant, he was shot at by the coaccused Sadanand Mandal, as a result of which he got injured. When the informant tried to save her husband, coaccused Gholat Singh @ Gholta is said to have fired from his

Patna High Court Cr.Misc. No.39620 of 2018 (2) dt.09-07-2018 2/2 weapon which hit the informant. Thereafter, one Lalo Mandal is also said to have fired from his weapon. The cause of occurrence is land dispute.

The learned counsel for the petitioner has submitted that three accused persons have been specifically alleged to have fired at the informant and the deceased. The deceased ultimately succumbed to the injuries. The informant had to be treated in the hospital for her injuries. The name of the petitioner transpired during the course of investigation. It has further been submitted that one of the accused persons who was specifically alleged to have fired at the informant, has been granted bail by a Bench of this Court vide order dated 22.06.2017 passed in Cr. Misc. No. 18677 of 2017. The petitioner is in custody since 07.04.2018. Considering the aforestated facts, the petitioner above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Bariyarpur P.S. Case No. 33 of 2016.

(Ashutosh Kumar, J) Shageer/- U T