Hajari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2354 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== Hajari Ram S/O Late Shamsul Ram @ Late Shyamsul Ram R/V- Makhara, P.S.- Jamhore, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 308, 354(B) and other allied sections of the Indian Penal Code. Prosecution case in brief is that on the alleged date and time of occurrence, this petitioner tried to outrage the modesty of informant. When the son of informant raised alarm, this petitioner fled away. It is further alleged that all the accused persons came and assaulted the informant by fist and slaps due to which she sustained injury.

It is submitted that informant is none else than own Bhabho (wife of the younger brother) of petitioner. Petitioner has been falsely implicated due to mala fide intention.

Patna High Court CR. MISC. No.2354 of 2023(2) dt.28-03-2023 2/2 Moreover, there is delay of three days in lodging of the FIR for which no plausible explanation has been given by the informant. It is further submitted that due to family dispute the informant has also lodged a case on 19.05.2018 being Jamhore PS Case No. 47 of 2018 for the offence registered under Section 498(A) and other allied sections of the IPC against petitioners and family members including her husband.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Aurangabad in connection with Jamhore P.S. Case No. 231 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T