Nityanand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34467 of 2019 Arising Out of PS. Case No.-1725 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== NITYANAND SAH, Son of Bachhu Sah, Resident of Village-Bhatchak,P.S.- Jamui, District-Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhanu Pratap, Son of Sheoshankar Saw, Resident of Village-Bhatchak, P.S.- Jamui, District-Jamui.

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1725C of 2017 disclosing offences under Sections 323, 379, 452, 34, 354 B, 354 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is that they entered inside the house of the complainant and assaulted her in order to miscarriage her pregnancy and demanded Rangdari.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case, having no criminal antecedent. As a matter of fact, the complainant has taken Rs. 50,000/- during the marriage of his daughter and he has demanded the same and taking advantage of above, he has

Patna High Court CR. MISC. No.34467 of 2019(3) dt.07-08-2019 2/2 lodged the present false and concocted case. Even no injury report is available on the record.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for anticipatory bail on the ground that complainant was assaulted brutally, causing miscarriage of her pregnancy. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri Ranjan Deo, learned Judicial Magistrate, 1st Class, Jamui, in connection with Complaint Case No.1725C of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T