Amar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20720 of 2019 Arising Out of PS. Case No.-158 Year-2016 Thana- DHAMDAHA District- Purnia ====================================================== AMAR MEHTA, Male, aged about 25 years, Son of Ganeshi Mehta Resident of Village - Mokama, P.S.- Dhamdaha, Distt - Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajit Ranjan Kumar, Advocate.

For the Opposite Party :

Mr.Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 29.10.2018 in a case for the offence registered under Sections 341, 323, 324, 307, 379, 504 and 506 of the IPC. The prosecution story, in brief, is that on 03.09.2016 at about 4.30 P.M., F.I.R. named accused persons came at the door of the informant armed with Lathi, Khanti, Dabiya and abused the informant's husband and given threatening for killing her husband. Amar Mehta (petitioner) assaulted with Dabiya on the head of informant's husband. Other co-accused also assaulted the informant and her family members and snatched golden Chakti and chain valued at Rs. 50,000/- from the neck of informant's husband.

Patna High Court CR. MISC. No.20720 of 2019(3) dt.25-04-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have given Dabiya blow on the head of the victim. Nature of injury has not been indicated in the injury report. It cannot be ascertained whether an offence under Section 307 of the IPC is made out or not. Rests of the offences are triable by the Magistrate. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Purnea, in connection with Dhamdaha P.S. Case No. 158 of 2016.

(Sudhir Singh, J) U.K./- U T