Gobinda Sah @ Gobinda Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34336 of 2023 Arising Out of PS. Case No.-869 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== GOBINDA SAH @ GOBINDA KUMAR SAH Son of Nagina Sah Resident of village - Depau, P.s. - Kotwa, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Devi Wife of Sanjay Kumar Sah Resident of village - Depau, P.S. - Kotwa, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 354(B), 379 and 504/34 of the IPC and 3⁄4 of Dayan Act.

3.

Allegedly, petitioner is said to have entered in the house of complainant and tried to molest her and on alarm when her husband came to save, then petitioner assaulted him. It is further alleged that during Panchayati, the petitioner administered the complainant night-soil and assaulted her husband. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.34336 of 2023(2) dt.25-07-2023 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that both parties belongs to the same family and there is an admitted land dispute between them. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.869 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T