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Patna High CourtCR. MISC./34589/2018bail granted

Pramod Kumar v. The State Of Bihar

2018-07-02Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.34589 of 2018 (2) dt.02-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34589 of 2018 Arising Out of PS.Case No. -209 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Pramod Kumar S/o Krishna Kumar @ Krishna Kumar Bhagat, Resident of Village- Harpurwa, P.S. Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Bajpatti P.S. Case No.209 of 2016 registered under Sections 341, 323, 324, 354, 504, 379, 34 of the Indian Penal Code.

The informant alleged that while she was sitting on her darwaza, the petitioner came and asked to withdraw the case lodged by her husband. The informant replied that till she got her path, she would not withdraw the case. It is alleged that the petitioner drew her sari and consequently the informant became semi naked. On the order of the petitioner, Jairam Bhagat is alleged to have assaulted Sunita Devi, the sister-in-law of the informant.

The learned counsel for the petitioner submits that on

Patna High Court Cr.Misc. No.34589 of 2018 (2) dt.02-07-2018 account of land dispute, the informant is making false allegation. There is no allegation of assault against the petitioner. All the offences are bailable save and except Section 354 I.P.C. Taking into consideration the facts that some dispute arose due to egress and ingress between both sides on which some altercation took place, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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 S.D.J.M., Pupri at Sitamarhi in connection with Bajpatti P.S. Case No.209 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T