Dukhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28323 of 2017 Arising Out of PS.Case No. -744 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Dukhan Rai, S/o Late Jodha Rai, resident of Village- Goria, Dera, P.S.- Janipur, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nagmani Kumar For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Phulwarisharif P.S. Case No. 744 of 2016 for the offences instituted under Sections 341, 323, 353 and 504 of the Indian Penal Code.

The allegation against the petitioner is that when the informant was writing the proceeding, he pressurized the informant along with other persons for selection of one Khushbu Kumari.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The

Patna High Court Cr.Misc. No.28323 of 2017 (2) dt.06-07-2017 2/2 allegations made in the F.I.R. are denied by the petitioner. The petitioner is a Ward member of the said local area. There is no chance of his absconding.

On behalf of 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 anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Phulwarisharif P.S. Case No. 744 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Seema Eram, J.M.1st Class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T