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Patna High CourtCR. MISC./30403/2019bail granted

Satish Pandey @ Satish Kumar Pandey v. The State Of Bihar

2019-05-08Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30403 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- JALALPUR District- Saran ====================================================== SATISH PANDEY @ SATISH KUMAR PANDEY Son of Late Raghubir Pandey Resident of Village - Bishunpura, P.S.- Jalalpur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Jalalpur P.S. Case No. 128 of 2018, registered for the offences punishable under Sections 323, 354 (B), 376 and 511 of the Indian Penal Code.

Petitioner is said to have tried to outrage the modesty of the informant intruding in her house while she was asleep but on hulla made by her petitioner managed to escape. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Informant has filed this false case

Patna High Court CR. MISC. No.30403 of 2019(2) dt.08-05-2019 2/2 against the petitioner to mount pressure on the petitioner for share in the property at the instance of her mother Urmila Kuer, who claims herself to be wife of the father of the petitioner and a title suit is pending between the parties. Informant in her statement has herself not supported the occurrence rather has stated about pendency of land dispute between the parties and the sister of the informant stated that she was not present in her house at the time of occurrence, as evident from the impugned order. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Jalalpur P.S. Case No. 128 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T