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Patna High CourtCR. MISC./1738/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-02-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1738 of 2024 Arising Out of PS. Case No.-121 Year-2021 Thana- DORIGANJ District- Saran ====================================================== Vishal Kumar Son Of Late Gautam Sah Resident Of Village- Khawaspur Kala, Ps- Doriganj, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the State :

Mr. Uma Shankar Prasad Singh For the Informant :

Mrs. Prerna Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Doriganj P.S. Case No. 121 of 2021, dated 09.06.2021, registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504 and 34 of the Indian Penal Code.

4. As per the prosecution case, on 06.06.2021, when she was at her home, the accused persons including the

Patna High Court CR. MISC. No.1738 of 2024(2) dt.17-02-2024 2/3 petitioner came to her house and Vishal Kumar started outraging her modesty and when she objected, all of them started assaulting her with rod and when her husband intervened, Vishal Kumar assaulted him with farsa on head causing injury and Bittu Kumar snatched golden chain from the informant's neck.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent mentioned in Para 3 of the bail application. Learned counsel further submitted that both the parties are neighbours and there are some dispute between them. From perusal of the injury report informant injury is simple in nature whereas husband receives two injuries one is simple in nature and second is grievous in nature caused by hard blunt object.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioners, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.1738 of 2024(2) dt.17-02-2024 3/3 the satisfaction of learned Court concerned, Saran at Chapra, in connection with Doriganj P.S. Case No. 121 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure:

8. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T