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Patna High CourtCR. MISC./33768/2019bail granted

Pramod Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33768 of 2019 Arising Out of PS. Case No.-754 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== PRAMOD KUMAR Son of Late Mahendra Prasad Sharma Resident of Village - Flat no. 303A, Nirmal Apartment Sahdeo Path Patel Nagar Shastri Nagar, P.S., Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code.

Over row of drying clothes on the roof of the apartment, petitioner Pramod Kumar is said to have assaulted on the hand of the informant and his wife and daughter are said to have assaulted the pregnant daughter of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case due to petty dispute. F.I.R. has been lodged after inordinate delay of two days

Patna High Court CR. MISC. No.33768 of 2019(2) dt.08-08-2019 2/2 without assigning any plausible explanation for the aforesaid delay. Injury sustained by the informant is simple in nature and on non vital part 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-IV cum A.C.J.M., Patna in connection with Shastri Nagar P.S. Case No. 754 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T