Aashanarayan Patel @ Ash Narayan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37007 of 2018 Arising Out of PS. Case No.-192 Year-2017 Thana- AADAPUR District- East Champaran ====================================================== Aashanarayan Patel @ Ash Narayan Patel, son of Late Sant Raut, Resident of village- Sirisiyan Kala, P.S. Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Adapur P.S Case No. 192 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 376, 511, 504. 506/34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused Uma Bhagat caught the informant and assaulted him on her private parts and stomach with feet and when her husband came for rescue they assaulted him on his hydrocial.

Submission is of false implication and that similarly situated co-accused Uma Bhagat has been allowed bail vide Cri. Misc. No. 8821 of 2018 by order dated 08.03.2018 by

Patna High Court Cr.Misc. No.37007 of 2018(2) dt.28-06-2018 2/2 another Co-ordinate Bench of this Court and, as such, the petitioner suffering in custody since 29.03.2018 also deserves sympathetic consideration.

Learned APP fairly submits that similarly situated co-accused has been allowed bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari, in connection with Adapur P.S. Case No. 192 of 2017, 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.) Rajiv/- U T