Om Prakash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1290 of 2020 Arising Out of PS. Case No.-188 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== OM PRAKASH THAKUR Son of Late Vakil Thakur Resident of Village - Bari Deoria, Police Station - Hathua, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Irshad Ahmad Khan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Hathua P.S. Case No. 188 of 2019 registered for the offence punishable under Sections 341, 323, 325, 379, 504, 506, 354 and 34 of the Indian Penal Code.

The allegation against the petitioner is of assault and snatching of golden chain and Mangal Sutra It is submitted by learned counsel for the petitioner that the petitioner is Dewar of the informant and he has falsely been implicated in this case. It is further submitted that the dispute between the parties has been resolved and on 24.12.2019 they have filed a compromise petition (Annexure-3 to the supplementary affidavit) before the court of learned Chief Judicial Magistrate, Gopalganj.

By way

Patna High Court CR. MISC. No.1290 of 2020(2) dt.25-02-2020 2/2 of referring to Annexure-2 series of the petition, it is submitted that the injury found on the persons of the informant is simple in nature and caused by hard and blunt substance. In view of the facts and circumstances, as stated above as well as considering the injury report, in the event of arrest or surrender within a period of six weeks from today, let the petitioner above named 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 learned Chief Judicial Magistrate, Gopalganj, in connection with Hathua P.S. Case No.188 of 2019 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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