Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13500 of 2017 Arising Out of PS.Case No. -368 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Mritunjay Kumar Son of Sri Pashupati Sharma, Resident of VillageTarwan, P.S. Naubatpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with a case registered under Sections 341, 323, 354/34 of the Indian Penal Code.

Accusation is that the tractor of the informant (Kusum Devi) was hired by the petitioner for ploughing his field on 22.12.2016. When the informant demanding Rs. 1600/-, fare of tractor, then this petitioner started abusing and assaulting her. At that time Anil Singh dragged her by catching hold of the hair and Pashupati Sharma and this petitioner torn her blouse and Saree. On raising alarm by the informant the accused persons fled away. Submission is that there is land dispute between the

Patna High Court Cr.Misc. No.13500 of 2017 (2) dt.08-05-2017 2/2 parties prior to the present occurrence. The petitioner was assaulted by the family members of the informant. The uncle of petitioner lodged Naubatpur P.S.Case No. 357 of 2016 under Section 379/34 IPC on 12.12.2016 against the associates of the informant. Further submission is that in the family of the petitioner there is a Power Tiller which has been purchased in the name of uncle of the petitioner, as such there is no question of taking the tractor from the informant on hire. Having considered the facts and circumstances of the case, let, above named petitioner, in the event of his arrest/surrender in the court below within four weeks from today 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 learned A.C.J.M.-II, Danapur, Patna, in connection with Naubatpur P.S.Case No. 368 of 2016, subject to the conditions as laid down under section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) singh/- U T