Deepak Kumar @ Deepak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80410 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Deepak Kumar @ Deepak Yadav Son of Ranjay Yadav Resident of Village - Kharhari, P.S. - Muffasil, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithivi Raj Singh For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 497 of 2024, dated 11.06.2024, disclosing offences punishable under Sections 147/341/323/307/379/354/504 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that while the informant was fetching water from the hand-pump, the petitioner along with others came there and abused her. It has been alleged that the petitioner assaulted the informant by means of iron-rod on her head, due to which she sustained head injury and the sister of the petitioner snatched golden locket.
Patna High Court CR. MISC. No.80410 of 2024(2) dt.09-12-2024 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that both the parties are co-villagers and the scuffle took place between the parties on a trivial issue of flow of water from handpump through the wall of the petitioner's house. He further submits that a counter case has been lodged by the sister of the petitioner, bearing Muffasil Police Station Case No. 498 of 2024 against the informant and others. He further submits that the injury sustained by the informant is simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case between them and the learned 9th Additional Sessions Judge, Gaya, while rejecting the anticipatory bail petition of the petitioner, has discussed the injury sustained by the informant, but has not described the same as grievous, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
Patna High Court CR. MISC. No.80410 of 2024(2) dt.09-12-2024 3/3 or surrender before the Court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Gaya, in connection with Muffasil Police Station Case No. 497 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √