Dhiraj Bharti @ Dhiraj Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81314 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- SAHAJITPUR District- Saran ====================================================== Dhiraj Bharti @ Dhiraj Kumar Bharti Son of Raj Kishor Bharti Resident of village - Sakadi, P.S.- Jalalpur, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahajitpur P.S. Case No. 106 of 2024 instituted for the offences under Sections 126(2), 115(2), 118, 109, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegation against the petitioner is that he assaulted his wife by means of knife on her neck with intention to kill her.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the informant has falsely implicated the petitioner in order to save her illegal relationship with one Dhiraj Rai. Learned counsel further submitted that

Patna High Court CR. MISC. No.81314 of 2024(2) dt.04-12-2024 2/2 injuries sustained by the informant is simple in nature. Learned counsel further submitted that charge-sheet has been submitted under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of injury and charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahajitpur P.S. Case No. 106 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T