Damodar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43727 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Damodar Dubey Son of Dinesh Dubey Resident of Village- Sidhi, P.S. Sidhi (O.P.) Kargahar, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 354, 354A, 504, 34 of the Indian Penal Code and Section 30(a)(b) (c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that accused persons, in a drunken state, misbehaved with the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. As per the prosecution case, the co-accused namely Manish Kharwar is alleged to have misbehaved with the

Patna High Court Cr.Misc. No.43727 of 2018(2) dt.20-07-2018 2/2 daughter of the informant in a drunken state. There is no allegation against the petitioner for being in a drunken state as per F.I.R. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Sasaram, Rohtas in connection with Kargahar P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T