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Patna High CourtCR. MISC./1603/2024bail granted

Sanjeev Kumar Bhagat @ Nirmal Kumar v. The State Of Bihar

2024-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1603 of 2024 Arising Out of PS. Case No.-358 Year-2022 Thana- JAMUI District- Jamui ====================================================== Sanjeev Kumar Bhagat @ Nirmal Kumar Son of Late Satya Narayan Bhagat Resident of Mohalla-Purani Bazar, P.S and District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mrs.Pushpa Sinha.1 Mr. Pankaj Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 448, 341, 323, 354A, 504 and 307/34 of the Indian Penal Code and Section 3 / 4 of the Witch (Daain) Practices Act.

3. As per the prosecution case, on 14.07.2022 at about 9 AM, while the informant was at her house, all the accused persons including this petitioner came there and started manhandling her. It is further alleged that accused persons caught hold of the informant, threw her on the ground and also tore her blouse, due to that, the informant sustained injury on her chin, head and hand. It is further alleged that prior to this occurrence, on 10.07.2022 also, the accused persons have committed same offence, in which, her husband and son sustained injuries, for which, the informant had also given

Patna High Court CR. MISC. No.1603 of 2024(2) dt.07-02-2024 2/2 information to the police station.

4. It is submitted on behalf of petitioner that both parties are pattidars and due to partition dispute, a simple occurrence of Maarpit took place. The allegation of assault is general and omnibus and no specific overt act has been alleged against this petitioner. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged 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, Jamui in connection with Jamui P.S. Case No. 358 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T