Amrit Das @ Amrit Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46410 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Amrit Das @ Amrit Kumar Das Son of Ram Avtar Das, Resident of village- Belsandi Dih, P.S.- Bibhutipur, District- Samastipur (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-04-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 324, 307 and 34 of the I.P.C Allegedly, the petitioner being the husband of the informant assaulted her with knife causing injury on her right cheek and neck and thereafter the petitioner and other co-accused assaulted her with fists, slaps and danda and ultimately the informant was treated in D.M.C.H.

Submission is of false implication and that earlier the informant has filed a case under section 498 (A) of the I.P.C. wherein the petitioner is on bail and thereafter lodged this case, the petitioner has been depositing a sum of Rs. 2,500/- per month but the informant for realizing more started quarreling and in that

Patna High Court Cr.Misc. No.46410 of 2015 (4) dt.04-04-2016 2/2 scuffle received some injuries, the doctor has found three injuries on the person of the informant which all are simple, the petitioner by remaining in custody since 15.07.2015 has been sufficiently penalized, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner is not obeying the order passed by this Court in Cr. Misc. No. 4960 of 2014.

In the facts and circumstances as stated above, considering that simple injury has been caused to the informant and the petitioner by remaining in custody now has been sufficiently penalized and as such now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. Kumar, J.M. 1st Class, Rosera in Bibhutipur P.S. Case No. 112 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T