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Ankaj Das v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./27707/2024

Case brief

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What is this about?

Ankaj Das v. State of Bihar & Barsha Kumari; Patna High Court Criminal Miscellaneous No.27707 of 2024; oral order dated 13-08-2024 by Justice Nawneet Kumar Pandey; regular bail application in Complaint Case No.1258 of 2023, District Bhagalpur; offences under Sections 323, 504, 506, 379, 313 IPC; alleged assault on nine-month pregnant complainant resulting in miscarriage; counsel claimed omnibus allegation and attribution of foetal death to co-accused Nirmala Devi; custody since 20.01.2024; bail granted with Rs.10,000/- bond and two like sureties; condition to cooperate in trial.

What did the court decide?

Release on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur, subject to cooperation in the disposal of trial.

Ankaj Das Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27707 of 2024

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Arising Out of PS. Case No.-1258 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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

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Ankaj Das Son of Vimal Das @ Bimal Das Village Pathaudi PS Kajraili Dist Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Barsha Kumari Wife of Mohan Kumar Resident of Village- Bari Goddi, P.O.- Simariya, P.S.- Kajraili, District- Bhagalpur

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ashutosh Kumar For the Opposite Party/s : Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 13-08-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Complaint Case No. 1258 of 2023, registered for the offences punishable under Sections 323, 504, 506, 379, 313 of the IPC.

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As per allegation, the petitioner along with other accused persons actively participated in assaulting the complainant, who was carrying a pregnancy of nine months and due to assault inflicted by the accused person including the petitioner, she suffered miscarriage of her pregnancy.

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The learned counsel for the petitioner has

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Patna High Court CR. MISC. No.27707 of 2024(4) dt.13-08-2024 2/2

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submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus. He has submitted further that so far as the allegation of causing death of intrauterine foetus is concerned, it is attributed against co-accused Nirmala Devi and not against the petitioner. The petitioner is under custody since 20.01.2024.

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On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the accused persons badly assaulted the injured.

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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 Judicial Magistrate, 1^st Class, Bhagalpur in connection with Complaint Case No. 1258 of 2023, subject to the following condition:-

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

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(Nawneet Kumar Pandey, J)

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kundan/-

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U T

Ankaj Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankaj Das v. The State of Bihar

Case brief

What is this about?

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