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Bipin Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Bipin Kumar Singh Vs The State of BiharBipin Kumar Singh v. The State of Bihar

Allowed¶20

Bipin Kumar Singh v. The State of Bihar

Bail – Regular bail – Offences under Sections 341, 323, 379, 504, 376/34 IPC

Patna HC10 Jul 2024CR. MISC./24473/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous (CR. MISC.) No.24473 of 2024, decided 10-07-2024 by Nawneet Kumar Pandey, J (single bench). Regular bail application arising out of Barauni P.S. Case No. 563 of 2023, Thana Barauni, District Begusarai, for offences under Sections 341, 323, 379, 504, 376/34 IPC. Counsel: Vikram Anurag for petitioner; Mrityunjaya Kr. Gautam (APP) for the State. Bail allowed with Rs.10,000/- bail bond and two like sureties, conditioned on cooperation in trial. No precedents cited.

What did the court decide?

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023, subject to the condition of cooperation in the trial.

Why is it important?

Considering the facts and circumstances, the petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023. ¶20

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023, subject to the condition of cooperation in the trial.

Issue for consideration

Whether the petitioner, arraigned in Barauni P.S. Case No. 563 of 2023 for offences under Sections 341, 323, 379, 504, 376/34 IPC, should be released on regular bail.

Court's answer

Considering the facts and circumstances, the petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023.

Ratio / Principle

Bail was made subject to the condition that the petitioner cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Bail — Regular bail — Offences under Sections 341, 323, 379, 504, 376/34 IPC — Barauni P.S. Case No. 563 of 2023, District Begusarai — Allegation that petitioner had physical relation with the informant, refused to marry her, assaulted her and snatched her ornaments — Defence plea of innocence, false implication, informant's alleged antecedents and extortion motive noted — Petitioner directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, subject to condition that he cooperate in the disposal of trial and remain available as and when required by the court.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24473 of 2024

Arising Out of PS. Case No.-563 Year-2023 Thana- BARAUNI District- Begusarai

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

Bipin Kumar Singh son of Late Sakaldeo Singh Vill-Asurari, Gachhi Tola, Ward No. 07, Ps- Barauni Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vikram Anurag For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 10-07-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Barauni P.S. Case No. 563 of 2023, registered for the offences punishable under Sections 341, 323, 379, 504, 376/34 of the Indian Penal Code.

As per allegation, the petitioner had physical relation with the informant. He refused to marry her. He also assaulted the informant and snatched her ornaments.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. As a matter of fact, the informant is a lady of questioning chastity. She has already lodged cases against a number of

Patna High Court CR. MISC. No.24473 of 2024(4) dt.10-07-2024 2/2

innocent persons. It transpires from paragraph no. 37 of the case diary that she had lodged a similar type of case against one Md. Mansoor and in that case she had compromised. Further submission of the learned counsel is that only with a view to extort money, she has lodged the present case. Learned counsel has also submitted that the informant is a married lady and she has children from her marital life.

On the other hand, learned counsel for the informant has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023, subject to the following condition:-

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

SONALI/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in Barauni P.S. Case No. 563 of 2023 for offences under Sections 341, 323, 379, 504, 376/34 IPC, should be released on regular bail.¶14
The court held
Considering the facts and circumstances, the petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 563 of 2023.ratio¶20

Statutes considered

5 provisions across 1 enactments

AI extract

Indian Penal Code341¶14 323¶14 379¶14 504¶14 376/34¶14

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Barauni P.S. Case No. 563 of 2023 for offences punishable under Sections 341, 323, 379, 504, 376/34 IPC; petitioner sought regular bail therein.¶14
Prior proceeding
Allegations in the FIR: petitioner had physical relation with the informant, refused to marry her, assaulted her and snatched her ornaments.¶15

Parties & counsel

AI extract

petitioner
Bipin Kumar Singh son of Late Sakaldeo Singh, Vill-Asurari, Gachhi Tola, Ward No. 07, Ps- Barauni, Dist- Begusarai¶4
Vikram Anurag
respondent
The State of Bihar¶7
Mrityunjaya Kr. Gautam

Coram

AI extract

Nawneet Kumar Pandeyauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 10 Jul 2024 · July
Registered: 21 Mar 2024
Case no.: CR. MISC./24473/2024
CNR: BRHC010278592024
Bench: Nawneet Kumar Pandey
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous (CR. MISC.)

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Cite this judgement

Bipin Kumar Singh v. The State of Bihar, CR. MISC./24473/2024 (PAT), decided on 10 July 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes5

Indian Penal Code341 · 323 · 379 · 504 · 376/34

View all statutes

Procedural history2

Registration of Barauni P.S. Case No. 563 of 2023 for offences punishable under Sections 341, 323, 379, 504, 376/34 IPC; petitioner sought regular bail therein.
Allegations in the FIR: petitioner had physical relation with the informant, refused to marry her, assaulted her and snatched her ornaments.

View full history

Bench / Coram

Nawneet Kumar Pandey

Parties & counsel