Patna High CourtCR. MISC./84174/2023dismissed

Sunil Kumar @ Sumit Kumar v. The State Of Bihiar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84174 of 2023 Arising Out of PS. Case No.-426 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SUNIL KUMAR @ SUMIT KUMAR SON OF KAMTA MEHTA RESIDENT OF MOHALLA - SAHAPUR WARD NO.26, P.S. - AURANGABAD (TOWN), DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHIAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Nagar (Aurangabad Town) P.S. Case No.426 of 2023, registered for the offence punishable under Sections 341, 323, 354, 504, 447, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he went to the son of the informant and assaulted and abused his wife and son.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.84174 of 2023(2) dt.16-01-2024 2/2 omnibus in nature. It is fairly submitted that there is specific allegation against the petitioner u/s 354 of IPC. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is specific allegation u/s 354 of IPC against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T