Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23542 of 2019 Arising Out of PS. Case No.-514 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== DEEPAK KUMAR, aged about 20 years, Male, Son of Shri Damodar Sah Resident of Village Darwaliya Mishrauli, P.S. Yogapatti, District West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

Petitioner apprehends his arrest in Yogapatti P.S. Case No.514 of 2017, registered under Sections 341, 323, 354(B), 504 and 506 of the Indian Penal Code.

The informant alleged that on 15.12.2017 while she was returning from sugarcane field and reached near the house of Deepak Kumar, the petitioner, the petitioner assaulted her with iron rod on her head which hit on her back and waist. Mother and sister of the petitioner also caught her and assaulted her with fists and slaps. The petitioner made her half necked. Learned counsel for the petitioner submits that Title Suit No.82 of 2016 is pending between the husband of the informant and the petitioner. The husband of the informant filed

Patna High Court CR. MISC. No.23542 of 2019(2) dt.11-04-2019 2/2 injunction petition and the same was rejected vide order dated 21.08.2018 by the learned Sub-Judge, 1st, Bettiah, West Champaran. The proceeding under Section 107 Cr.P.C. is also pending between the parties.

Having considered the facts that there appears a land dispute between the two sides and Title Suit No.82 of 2016 is pending between the husband of the informant and the petitioner for the same land, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, District West Champaran in connection with Yogapatti P.S. Case No.514 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T