Dadan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58373 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -CHAURI District- BHOJPUR ====================================================== Dadan Ram Son of Late Ekbal Ram Resident of Village - Janakpuriya, P.S.- Chauri, District - Bhojpur at Ara (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Chauri P.S. Case No. 53 of 2015 registered for offence punishable under Sections 448, 341, 323, 354, 379, 504, 34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner entered into the house of the informant and with bad intention grabbed the wife of the informant. Further, allegation against the petitioner is that he along with other co-accused persons also assaulted the informant and his family members. It has been submitted by the learned counsel for the petitioner that although the date of occurrence is alleged to be

Patna High Court Cr.Misc. No.58373 of 2015 (3) dt.04-03-2016 2/2 31.07.2015, but the First Information Report has been lodged on 10.08.2015 after inordinate delay. It has further been submitted that the petitioner is innocent having no criminal antecedent and no case under Section 379 of the Indian Penal Code is made out against the petitioner and the injury is also simple in nature. Learned A.P.P. for the State, on the other hand, submits that petitioner is named in the First Information Report and is alleged to have entered into the house of the informant with bad intention and opposed the prayer for bail. Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chauri P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T