Babu Saheb Lal Deo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49549 of 2015 Arising Out of PS.Case No. -225 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ====================================================== Babu Saheb Lal Deo Son of Late Chalittar Lal Deo Residing at Village - Tikapatti, P.S. - Bahadurpur (Sonki O.P.), District - Darbhanga .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Anil Kr.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Bahadurpur (Sonki O.P.) P. S. Case No. 225 of 2015 registered under Sections 147, 341, 447, 323, 324, 307, 379 and 504 of the Indian Penal Code.
It is contended that the informant had brutally assaulted the petitioner for which Bahadurpur (Sonki O.P.) P.S. Case No. 193 of 2015 was registered against him prior to the institution of the present case and the instant case has been instituted with concocted facts in retaliation to the aforesaid Bahadurpur (Sonki O.P.) P.S. Case No. 193 of 2015. It is further contended that as a matter of fact, no injury has been sustained by the informant of the
Patna High Court Cr.Misc. No.49549 of 2015 (2) dt.04-11-2015 2/2 present case and the ingredients of the offence punishable under Section 307 of the Indian Penal Code are not attracted to the facts of the present case.
Learned counsel for the State has opposed the application filed on behalf of the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in Bahadurpur (Sonki O.P.) P. S. Case No. 225 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Kanchan/- U T