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Patna High CourtCR. MISC./21304/2019bail granted

Chandan Kumar Rajak v. The State Of Bihar

2019-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21304 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== CHANDAN KUMAR RAJAK Son of Rajkeshwar baitha Resident of Village - Balua, P.S.- Gaunaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Gaunaha P.S.Case No.128 of 2018 , registered for offences punishable under Sections 354(C), 147, 341, 323, 324, 504, 506 of the Indian Penal Code and under Section 12 of the POSCO Act.

Allegation against the petitioner is of taking photograph of the informant while she was taking bath.

Submission of the learned counsel for the petitioner is that witnesses during the course of investigation have stated that there is land standing dispute between the parties, as such this case has been lodged and further earlier to that, from the petitioner's side , a case had been lodged bearing Bettiah SC/ST P.S.Case No.59 of 2018, which will appear from the

Patna High Court CR. MISC. No.21304 of 2019(3) dt.21-06-2019 2/2 impugned order itself and due to that the present case has been lodged to pressurize the petitioner and also to destroy his career.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-Ist cum Special Judge, Bettiah, West Champaran in connection with Gaunaha P.S.Case No.128 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T