Preman Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35849 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- KAKO District- Jehanabad ====================================================== PREMAN DAS Son of Ganesh Das Resident of Village-Asiyawan (Asiyama), P.S.- Kako (Bhelawar), P.O.- Kako (Paigambarpur), District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-06-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kako (Bhelawar) Police Station Case No. 213 of 2018, disclosing offences under Sections 341, 323, 448, 504, 506, 338, 379, 354B/34 of the Indian Penal Code.

The allegation against the petitioner, based upon the First Information Report, is that on 10.09.2018, at about 10 PM, the petitioner entered into the house of his cousin, Sangita Kumari, caught hold her hands and tried to throw her on the ground and on protest being made by her, other co-accused persons, variously armed with lathi, pistol bricks etc. assaulted other family members of Sangita Kumari and they have allegedly taken away gold chain, ear ring and cash worth Rs. 3000/-.

Patna High Court CR. MISC. No.35849 of 2019(2) dt.04-06-2019 2/2 Learned Counsel for the petitioner has submitted that both the parties are closely related to each other and there is property dispute between them and on that count, the petitioner has been falsely implicated in the present case. Considering the above submissions, this application is allowed.

Let the petitioner, Preman Das, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Kako (Bhelawar) Police Station Case No. 213 of 2018, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √