Gajendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1532 of 2015 Arising Out of PS.Case No. -1660 Year- 2012 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Gajendra Prasad, S/o Udit Narayan Sahu @ Udit Sah resident of village - Kuwar Tola ( Gangjala ) Ward No. 17, P.S. Saharsa, District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Preetam Devi W/o Gajendra Prasad, D/o Sri Harakh Lal Sah resident of Bela Chand, P.S. Banmankhee, District - Purnia .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.

The petitioner seeks bail in Complaint Case No. 1660 (C) of 2012, registered for the offences punishable under Sections 498A, 313 of the Indian Penal Code.

Preetam Devi the wife of the petitioner made allegation that she was married to Gajendra Prasad on 06.07.2007. On 18.09.2012, while she was pregnant her husband came inside the room and assaulted her with iron rod. Other family members also assaulted her with fists and slaps causing miscarriage. It is submitted that no injury report was annexed in the complaint petition. The learned Chief Judicial Magistrate

Patna High Court Cr.Misc. No.1532 of 2015 (2) dt.15-01-2015 asked the complainant to be examined by doctor. The complainant complained about her abortion. The doctor advised her for ultra sound, but the complainant did not give consent for ultrasound. The petitioner is in jail since 07.12.2014.

Having considered the facts aforesaid and the fact that the petitioner is in jail for more than 11⁄2 months, he 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 Sub-Divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 1660 (C) of 2012. (Prabhat Kumar Jha, J.) KKSINHA/- U T