Disposed

Ankit Kumar @ Manu Prasad v. The State of Bihar

Patna HC11 Sept 2024CR. MISC./19849/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an FIR alleging assault with an iron rod and inappropriate conduct towards the informant's wife. The court granted conditional pre-arrest bail with sureties, subject to Section 438(2) CrPC conditions, but made it inoperative if injuries are found grievous.

What did the court decide?

Anticipatory bail of Rs 10,000 with two like sureties if arrested/surrendered within four weeks, subject to verification of injuries by the trial court.

Ankit Kumar @ Manu Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19849 of 2024

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Arising Out of PS. Case No.-652 Year-2023 Thana- ARA NAWADA District- Bhojpur

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======================================================

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Ankit Kumar @ Manu Prasad S/o Late Birendra Prasad R/o Mohalla - Maulabagh, P.S. - Ara Nawad, Dist. - Bhojpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

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For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party : Mr. Umesh Lal Verma, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 11-09-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No. 652 of 2023 for the offences registered under Sections 341, 323, 448, 354, 354A, 307 and 506 of the Indian Penal Code.

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3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 10.09.2023 at 11:45 PM, his wife was sleeping when the petitioner started acting inappropriately with her and when his wife and her family member scolded the petitioner, he assaulted the informant, his wife and the children by means of an ‘iron rod’ causing injury. It is also alleged that the son of the informant suffered injury on head while informant was assaulted on his knee which ruptured while his wife also received injury on her head.

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4. Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.19849 of 2024(3) dt.11-09-2024 2/2

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petitioner has been falsely implicated and the opinion with regard to the injury till date is reserved on which the learned APP submits that since the injury has been reserved hence, the presumption is that the injury suffered by the injured is grievous in nature.

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5. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 652 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury of the injured and in the event, if it is found that son of the informant and his wife have received grievous injury, the present anticipatory bail order shall not be given effect to.

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(Satyavrat Verma, J)

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Jagdish/Raj/- U T

Ankit Kumar @ Manu Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankit Kumar @ Manu Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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