Patna High CourtCR. MISC./11103/2016bail granted

Krishna Sao v. The State Of Bihar

2016-03-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11103 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Krishna Sao Son of late Bhagwan Sao Resident of Village- Akbarpur ,PS Akbarpur District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 354, 379, 307 of the Indian Penal Code and Section 3 (i) (xi) of S.C./S.T. (Prevention of Atrocities) Act.

Except Sections 307, 379 of the Indian Penal Code and Section 3 (i) (xi) of S.C./S.T. (Prevention of Atrocities) Act, almost all the sections are bailable in nature. So far as Section 379 of the Indian Penal Code is concerned, nothing has been recovered from conscious possession of the petitioner and similarly, application of Section 307 of the Indian Penal Code appears to be doubtful. Apart from this, the application of provisions of

Patna High Court Cr.Misc. No.11103 of 2016 (2) dt.10-03-2016 2/2 S.C./S.T. (Prevention of Atrocities) Act also appears to be doubtful because according to statement of the informant herself, the alleged occurrence took place at a lonely place while she was going to her home.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 59 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T