Amarnath Kumar @ Nanhki Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Amarnath Kumar @ Nanhki Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the court concerned within eight weeks, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Jehanabad/court concerned in connection with Barabar Paryatak P.S. Case No. 16 of 2023, subject to the conditions laid down under Section 438(2) CrPC and further conditions — (i) one bailor to be a close relative of the petitioner; (ii) petitioner to remain present on each date fixed by the court below, if so required.

Issue for consideration

Whether anticipatory bail protection under Section 438 of the Code of Criminal Procedure should be extended to petitioner Amarnath Kumar @ Nanhki, who apprehends arrest in connection with Barabar Paryatak P.S. Case No. 16 of 2023 (registered 21.01.2023) for offences under Sections 147, 148, 149, 342, 323, 325, 354, 379, 307, 448, 506, 504 and 511 IPC, notwithstanding the prosecution allegations of wrongful entry, misbehaviour and group assault, given the reported case-and-counter-case scenario and his claimed clean antecedents.

Court's answer

Having regard to the facts, circumstances and submissions of the parties, and considering the case-and-counter-case situation between the parties, the clean antecedent of the petitioner and the possibility of false implication, the Court decided to extend anticipatory-bail protection.

Ratio / Principle

The petitioner, in the event of his arrest or surrender before the court concerned within a period of eight weeks, is to be released on bail in connection with Barabar Paryatak P.S. Case No. 16 of 2023.

Key takeaways

Release is conditioned on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st, Jehanabad/court concerned.ratio¶21
The bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure and to other conditions imposed by the Court.ratio¶23
Additional condition (i): one of the bailors shall be a close relative of the petitioner.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED (oral order dated 07-03-2024, High Court of Judicature at Patna, Justice Arun Kumar Jha). Petitioner Amarnath Kumar @ Nanhki, apprehending arrest in Barabar Paryatak P.S. Case No. 16 of 2023 (District Jehanabad), registered on 21.01.2023 for offences under Sections 147, 148, 149, 342, 323, 325, 354, 379, 307, 448, 506, 504 and 511 IPC, sought protection. The prosecution case was that he entered the informant's house with wrong intention, misbehaved with her, and that co-accused joined in assaulting the informant and family members. Counsel pleaded innocence, false implication, a case-and-counter-case matrix — counter FIR Barabar Paryatak P.S. Case No. 17 of 2022 lodged by Malti Devi against nine persons of the informant side — and clean antecedents; the APP opposed the prayer. Considering the case-and-counter-case situation, the clean antecedent of the petitioner and the possibility of false implication, the Court held that, in the event of arrest or surrender within eight weeks, the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Jehanabad/court concerned, subject to the conditions laid down under Section 438(2) CrPC and further conditions: (i) one bailor to be a close relative of the petitioner; (ii) petitioner to remain present on each date fixed by the court below, if so required.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78611 of 2023

Arising Out of PS. Case No.-16 Year-2023 Thana- BARABAR TOURIST District- Jehanabad

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

Amarnath Kumar @ Nanhki, S/O Vijay Yadav, Resident Of Village- Parsauna, P.S. Barabar Paryatak, District- Jehanabad

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Babu, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 07-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

In this case, the petitioner is apprehending his arrest in connection with Barabar Paryatak P.S. Case No. 16 of 2023, registered on 21.01.2023 for the offences under Sections 147, 148, 149, 342, 323, 325, 354, 379, 307, 448, 506, 504 and 511 of the Indian Penal Code.

As per prosecution case, petitioner entered into the house of the informant with wrong intention and started misbehaving with her. When the informant resisted, petitioner put her down and other co-accused persons joined and assaulted the informant and family members.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.78611 of 2023(3) dt.07-03-2024 2/3

case. There is case and counter case between the parties and Barabar Paryatak P.S. Case No. 17 of 2022 has been registered from the petitioner’s side by one Malti Devi against nine persons of the informant side with similar allegation as the son of this petitioner tried to outrage the modesty of the informant of Barabar Paryatak P.S. Case No. 17 of 2022 and subsequently a free fight took place between two groups. Petitioner is having clean antecedent.

Learned APP opposes the prayer for anticipatory

bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Jehanabad/court concerned in connection with Barabar Paryatak P.S. Case No. 16 of 2023, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.78611 of 2023(3) dt.07-03-2024 3/3

438(2) of the Code of Criminal Procedure and other following

conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J)

balmukund/-

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