Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50714 of 2016 Arising Out of PS.Case No. -375 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Sanjay Kumar Son of Late Ram Dayal Sharma, Resident of Village: Chirora, P.S: Naubatpur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Naubatpur P.S. Case No. 375 of 2014 for the offences instituted under Sections 323, 341, 354, 504 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is of making assault on the informant and when his wife came to save him, the petitioner also assaulted his wife and outraged her modesty. The petitioner is also said to have opened fire on the informant but the bullet did not hit him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.50714 of 2016 (2) dt.25-11-2016 2/2 of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. From perusal of the F.I.R., it is evident that the dispute had taken place due to family property. It is a case and counter case between the parties. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Naubatpur P.S. Case No. 375 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Danapur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T