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Patna High CourtCR. MISC./48926/2016bail granted

Hiraman Ram v. State Of Bihar And ANR

2017-02-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48926 of 2016 Arising out of P.S. Case No. - 1616 Year - 2015 Thana - ROHTAS COMPLAINT CASE District - SASARAM (ROHTAS) ====================================================== Hiraman Ram, Son of Doma Ram, Resident of Village - Mathurapur, P.S. Karaghar, District - Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. Puja Devi, D/o Sheo Bachan Nat, Resident of Village Kath Dihri, P.S. Sasaram Muffasil, District Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Narayansingh, Advocate For the Opposite Parties : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 504 and 323 of the Indian Penal Code.

The complainant had advanced money to this petitioner and the petitioner executed a document on stamp paper in token of payment of the aforesaid money. The petitioner did not refund in spite of notice served on him. Thereafter, the complainant went to demand her money and the petitioner, allegedly, committed assault and theft as well as attempted to outrage the modesty of the complainant.

Submission of the petitioner is that there is

Patna High Court Cr.Misc. No.48926 of 2016 (3) dt.09-02-2017 2/2 relationship between the parties and for family dispute, the false case has been lodged. The said document is forged one and contains false signature of the petitioner.

Learned counsel for the complainant opposed the prayer for bail.

Considering the disputed question of fact and the disputed question of allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram, Rohtas/Successor Court in connection with Complaint Case No. 1616 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Kundan (Birendra Kumar, J) U T