Ajit Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3123 of 2017 Arising Out of PS.Case No. -280 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Ajit Kumar Pandit, Son of Sakaldeo Pandit, Resident of Village- Nimiya, P.S. Belhar, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Md. Nurul Hoda, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 341, 323, 448, 376, 511, 504, 364 and 379 of the Indian Penal Code.
It has been submitted that father-in-law of the informant and father of the petitioner are own brothers. There was a dispute for a common passage of drainage water between the parties, due to which the father of the petitioner Sakaldeo Pandit and others were badly injured by the informant side. The informant filed a case before Gram Kutchery and the said Gram Kutchery imposed fine of Rs.2,000/-. On account of such dispute, they have falsely been implicated in the case. From the written report it appears that the informant
Patna High Court Cr.Misc. No.3123 of 2017 (2) dt.04-02-2017 2/2 has levelled general allegation that the petitioner entered into the house and attempted to commit rape. Besides this, there is no allegation of overt act against the petitioner. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Belhar P.S. Case No. 280 of 2016, shall be released on anticipatory 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-II, Banka, subject to the conditions as laid down under Section 438
(2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T