Shyam Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45725 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -JAMALPUR DistrictDARBHANGA ===================================== Shyam Chaupal, Son of Hirdeo Chaupal, resident of VillageTanua, P.S.-Jamalpur, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) For the Informant : Mr. Mrityunjay Kumar, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Jamalpur P.S. Case No.79 of 2015, disclosing offences under Sections 341, 323, 447, 354, 307 and 504/34 of the Indian Penal Code.

It is alleged against the petitioner that he entered into the house of the informant and took her to a nearby place forcibly and when she raised alarm, the informant torn her blouse and assaulted her. It is also

Patna High Court Cr.Misc. No.45725 of 2015 (4) dt.12-07-2016 2/3 alleged that the petitioner put a rope around the neck of the informant and started pulling it with an intention to kill her.

Learned counsel for the petitioner has submitted that occurrence had taken place over a petty dispute between the parties in respect of water drainage, whereafter an altercation had taken place. He has further submitted that the injuries have been found to be superficial in nature and the petitioner has no criminal antecedent.

In view of the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 Judicial Magistrate, Ist Class, Biraul, Darbhanga, in connection with Jamalpur P.S. Case No.79 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the

Patna High Court Cr.Misc. No.45725 of 2015 (4) dt.12-07-2016 3/3 event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T