Bharat Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41068 of 2015 Arising Out of PS.Case No. -258 Year- 2015 Thana -KOTWALI District- PATNA ====================================================== Bharat Bhushan, aged about 35 years, Son of Jai Shankar Prasad Jha R/oF/123, P.C. Colony, Kankarbagh, P.s.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Smt.Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2015 Heard learned counsels for the petitioner, State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 379, 354 and 506/34 of the Indian Penal Code and 138 of N.I. Act.

The prosecution case is that when the informant went to the shop of Kishore Kunal for demanding the due amount of rent then this petitioner being the brother of Kishore Kunal, the tenant of the informant, on the order of Jai Shankar Prasad abused the informant and pushed her when Kishore Kunal tried to outrage the modesty of the informant. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.41068 of 2015 (2) dt.06-10-2015 2/2 petitioner that in the background of tenancy dispute the accusation has been levelled. The tenancy agreement is between the informant and Kishore Kunal and Jai Shankar Prasad when the criminal case was filed by the petitioner side at earlier point of time.

It is submitted by learned counsel for the informant that the petitioner also connived with the tenants, abused and pushed the informant.

Considering the nature of accusation in the background of tenancy dispute and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Patna Kotwali P.S. Case No. 258 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T