Vinay Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10716 of 2018 Arising Out of PS.Case No. -373 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Vinay Kumar Ojha S/o Parsuram Ojha, R/o Village + P.O.- Nimej, P.S.- Brahmpur, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikesh Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 The petitioner is apprehending his arrest in connection with Brahmpur P.S. Case No. 373 of 2017, registered for offences punishable under Sections 448, 342, 353, 332, 323, 504 and 506/34 of the Indian Penal.

Allegation against the petitioner and others is of abusing the informant and also threatening him on the point of pistol. It has been submitted on behalf of the petitioner that out no allegation of any overt act has been levelled against the petitioner and the real fact behind the occurrence is that the wife of petitioner holds the post of Asha facilitator as well as the post of Dy. Sarpanch and she was asked to vacate the post of Asha facilitator for which some altercation took place and petitioner and

Patna High Court Cr.Misc. No.10716 of 2018 (2) dt.27-02-2018 2/3 others have been made accused in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar, in connection with Brahmpur P.S. Case No. 373 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on her part two appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.10716 of 2018 (2) dt.27-02-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

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