Allowed¶21

Dharmendra Kumar v. the State of Bihar

Patna HC22 Jan 2025CR. MISC./62266/2024

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; CRIMINAL MISCELLANEOUS No.62266 of 2024; decided 22-01-2025; Rajiv Roy, J; petitioner Dharmendra Kumar; State of Bihar; Taraiya P.S. Case No. 347 of 2023; District Saran; informant Rajesh Rai; Sections 341, 323, 324, 307, 504, 506, 34 IPC; Section 67 I.T. Act; indecent photos viral on Facebook; knife blow; simple injury; case and counter case; no criminal antecedent; bail bond Rs. 10,000 with two sureties; A.C.J.M. 1st Saran at Chapra; fortnightly police station attendance for six months; bail conditions.

What did the court decide?

Release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned A.C.J.M. 1st, Saran at Chapra, subject to five specified conditions. ¶21

Dharmendra Kumar Vs the State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, in custody in connection with Taraiya P.S. Case No. 347 of 2023, should be released on bail.

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Court's answer

Bail granted: considering the parties' submissions, the existence of a case and counter case, the petitioner having no criminal antecedent, and the injury being simple in nature, the Court extended the privilege of bail with conditions.

¶20

Ratio / Principle

Petitioner to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned A.C.J.M. 1st, Saran at Chapra, in connection with Taraiya P.S. Case No. 347 of 2023.

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Key takeaways

Bail conditions imposed: one bailor to be a family member/relative providing an official document of bona fide; appearance before the Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; fortnightly appearance at the concerned police station for six months to mark attendance; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from committing any criminal offence again, failing which the State may seek cancellation of the bail bonds.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.) allowed regular bail to Dharmendra Kumar, in custody since 01.07.2024 in Taraiya P.S. Case No. 347 of 2023 (Sections 341, 323, 324, 307, 504, 506 and 34 IPC; Section 67 I.T. Act), arising out of allegations that co-accused made indecent photographs of the informant's daughter viral on Facebook and that a knife blow was inflicted on the informant. Bail was granted taking into account the existence of a case and counter case, the petitioner's lack of criminal antecedents, and the simple nature of the injury. Bail bond fixed at Rs. 10,000/- each with two sureties of like amount before the A.C.J.M. 1st, Saran at Chapra, subject to conditions including fortnightly police-station attendance for six months, appearance on every Trial Court date, and abstention from tampering with witnesses or evidence.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62266 of 2024

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Arising Out of PS. Case No.-347 Year-2023 Thana- TARAIYA District- Saran

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

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Dharmendra Kumar Son of Chhathu Rai Resident of Village - Sareya Ratnakar, P.S. - Taraiyan, District - Saran at Chapra

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 22-01-2025 Heard the parties.

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The petitioner is in custody in connection with Taraiya P.S. Case No. 347 of 2023 for the offence under Sections 341, 323, 324, 307, 504, 506 and 34 of the I.P.C. and Section 67 of the I.T. Act lodged on 26.10.2023 by the informant, Rajesh Rai.

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As per the prosecution story, the informant alleged that Raju Kumar created indecent photos of his daughter included song in it and made the said photos viral through the mobile of Sonu Kumar on the Facebook site. Upon knowledge, when he was confronted, allegation is that along with other accused persons firstly, the informant was abused and then Raju Kumar gave knife blow to him, causing injury. The further allegation against other accused is also of assaulting his brother

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Patna High Court CR. MISC. No.62266 of 2024(3) dt.22-01-2025 2/3

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in law, Praduman Kumar. Accordingly, the FIR.

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Learned counsel for the petitioner submits that there is a case and counter case and though the allegation of assault is there against the petitioner, the injury is simple in nature, he has remained in custody since 01.07.2024. The last submission is that he do not have criminal antecedent.

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Learned APP opposes the prayer for bail submitting that he gave a knife blow to Praduman Kumar in the stomach.

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Considering the submissions of the parties as also that there is case and counter case, the petitioner do not have criminal antecedent, the injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. 1^st Saran at Chapra in connection with Taraiya P.S. Case No. 347 of 2023 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date

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Patna High Court CR. MISC. No.62266 of 2024(3) dt.22-01-2025 3/3

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before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Vijay Singh/-

¶31

U T

Dharmendra Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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