In an application for bail in charges under sections 341, 323, 307 and others of the IPC, the High Court rejected the petitioner's bail plea. The Court noted the grievous nature of the assault allegations but did not grant relief.
The court rejected the criminal miscellaneous application filed by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74090 of 2023
Arising Out of PS. Case No.-127 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai
======================================================
MRITUNJAY KUMAR Son of Ramjapo Mahto @ Rakesh Kumar R/o vill - Rajakpur, ward no 12, P.S. - Nawkoti, Dist. - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 05-03-2024
Heard Mr. Sandip Kumar Gautam, learned Counsel
for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Nawkothi P.S. Case No. 127 of 2022 for the offence registered under sections 341, 323, 324, 307, 384, 385, 354(B), 504, 506 and 34 of the Indian Penal Code lodged on 01.09.2022 by the informant, Raghunandan Mahto.
3. As per the prosecution story, the informant has alleged that on the fateful day when he was in his house, the accused persons came armed variously, demanded ‘ rangdari ’ and thereafter assaulted. The specific allegation is against the petitioner, Mritunjay Kumar of using the iron rod which hit the head and sustained injury on the temporal region. There is also
Patna High Court CR. MISC. No.74090 of 2023(3) dt.05-03-2024 2/2
the allegation of outraging the modesty of the female family members. Accordingly, the FIR.
4. Though learned Counsel for the petitioner tried to impress upon this Court that there is delay in lodging of the FIR, he do not have criminal antecedent and due to simple dispute, the FIR lodged.
5. Learned Counsel for the petitioner submits that the allegation made by the informant does not match with the statement made by his wife inasmuch as the allegation of ‘ rangdari ’ as also outraging the modesty part are missing in her statement.
6. To this , Learned APP submits that so far as the assault part is concerned, the allegation is against this petitioner and the same has been found to be grievous in nature.
7. Considering the aforesaid facts, it would be appropriate that the petitioner seeks bail.
8. Cr. Misc. No. 74090 of 2023 stands rejected.
(Rajiv Roy, J)
Neha/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under various sections of the Indian Penal Code.
Whether the delay in lodging the FIR constitutes a ground for granting bail.
Whether the discrepancy between the FIR and the wife's statement warrants bail in this offence.
1 provisions across 1 enactments
MRITUNJAY KUMAR
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
