Arjun Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.1447 of 2016 (3) dt.22-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1447 of 2016 Arising Out of PS.Case No. -89 Year- 2012 Thana -BASANTPUR District- SIWAN ====================================================== Arjun Prasad, son of Sri Lallan Prasad, resident of village- Magahi (Gopalpur), P.S- Basantpur, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harshvardhan Shivsundaram, Advocate. For the Opposite Party/s : Mr. Dr. Ravindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Basantpur P.S. Case No. 89 of 2012 registered under Sections 302/34 of the Indian Penal Code.

The case of the informant, Chandani Kumari, is that on 20.04.2012 when she along with her Moushi, Savita Devi and sister, Rekha, were sleeping in the room. All of sudden, she woke up when the legs of Savita Devi touched on her body then she saw that petitioner was putting cloths in the mouth of Savita Devi and co-accused, Sharma Prasad was present there with dagger. When informant ried to pull out the cloth from the mouth Savita Devi then petitioner assaulted her and threatened to dire consequences.

Patna High Court Cr.Misc. No.1447 of 2016 (3) dt.22-02-2016 At that time, co-accused, Sharma Prasad cut the neck of Svita Devi by dagger. Rajbanshi Prasad, father of Sharma Prasad was also present at the place of occurrence. The informant further alleged that occurrence took place due to land dispute. Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to land dispute petitioner has falsely been implicated in this case. Moreover, Rajbanshi Prasad, father of co-accused, Sharma Prasad, was accused in the murder of grand father of the petitioner so no question arises about participation of the petitioner in the alleged offence with Rajbanshi Prasad as alleged in the F.I.R. It is further submitted that petitioner is in custody since 19.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, connection with Basantpur P.S. Case No. 89 of 2012. Out of two sureties, one surety must be the close relative of the petitioner.

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