Shankar Saw v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7905 of 2019 Arising Out of PS. Case No.-826 Year-2018 Thana- NAWADA District- Nawada ====================================================== Shankar Saw, Son of Punit Chandra Saw, Resident of Mohalla- Malgodown, P.S. Nawada, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi, Wife of Shankar Saw, D/o Ganesh Saw, Resident of Kharidi Bigha (Near Baba Ka Dhaba), P.S. Nawada, Distrct- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No. 826 of 2018, registered under Sections 447, 341, 323, 354(B), 498(A), 504/34 and 379 of the Indian Penal Code.

The accusation is that in the evening of 07.11.2018, Punit Chandra Saw, father-in-law of informant, entered in her room and caught hold her hands with bad intention, on which, she raised alarm then her husband, Shankar Saw (petitioner) came there and started to abuse calling her lier. When she made protest then she was removed from her matrimonial house.

Patna High Court CR. MISC. No.7905 of 2019(5) dt.06-05-2019 2/3 Thereafter, she informed to her father, on which, her brother, Guddu Sao, came there and took her at her Maika. On 08.11.2018, when informant came back at her Matrimonial house to take personal belongings then Sanjay Saw, Mukesh Saw, Kanhaiya Saw, Punit Chandra Saw, Vijya Lakshmi Devi and petitioner entered in her room and misbehaved and tor her cloths. When she made protest then then her husband pressed her mouth and started to assault, in which, she fell down. Thereafter, Ravi @ Bhopu and Amit, son of her sister, rushed to save her then both were also assaulted. In the meantime, Vijya Lakshmi Devi snatched gold chain from her neck. Learned counsel for the petitioner submits that admittedly, petitioner is the husband of the complainantinformant.

In fact, informant, her brothers, Guddu, Ravi and Amit assaulted the petitioner causing injury at his head, regarding which, Nawada Town P.S. Case No. 827 of 2018 is instituted on the basis of written report of Vijya Lakshmi Devi, mother of the petitioner and only to save the skin the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.7905 of 2019(5) dt.06-05-2019 3/3 within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 826 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T