Shashi Shanker Upadhaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44620 of 2018 Arising Out of PS.Case No. -106 Year- 2016 Thana -ITADHI District- BUXAR ======================================================

1. Shashi Shanker Upadhaya son of Rama Shankar Upadhaya R/o Vill - Manoharpur, P.S. - Itarhi, Dist. - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Itarhi P.S. Case No. 106 of 2016, registered for offences punishable under Sections 341, 323, 504, 506, 354 and 509/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of abusing filthy language to the informant at the time of attending natural call and thereafter, other accused person caught hold of the sari of the informant and assault.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely been implicated in this case and there is no eye witness of the occurrence and as per F.I.R. no case under Section 354 of the Indian Penal Code is made out

Patna High Court Cr.Misc. No.44620 of 2018 (2) dt.31-07-2018 2/2 against the petitioner.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S.Case No. 106 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court (Vinod Kumar Sinha, J) Sudha/- U T