Bhushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24769 of 2016 (2) dt.14-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24769 of 2016 Arising Out of PS.Case No. -327 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhushan Kumar, S/o Ganesh Sah, R/o village Godhwa, P.S. Muffasil, District East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rananjay Kumar For the Opposite Party/s Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with a case registered under section 307 and other minor sections of the Indian Penal Code.

Petitioner is said to have given knife blow causing head injury to the informant and furthermore, it is alleged that he snatched Mangal sutra of the informant. The present case was lodged under section 307 and other minor sections of the Indian Penal Code but in course of investigation, it came to light that the petitioner also made an attempt to outrage the modesty of the informant though informant has, nowhere, whispered about the aforesaid fact in her written report. The contention on behalf of the petitioner is that petitioner happens to be father-in-law of the informant and, as a

Patna High Court Cr.Misc. No.24769 of 2016 (2) dt.14-06-2016 matter of fact, there was some family dispute on the point of partition. It is further submitted that subsequently, informant settled the dispute with the petitioner after getting her share in partition and filed compromise petition before the court below. Annexure 2, photostat copy of the injury report of the informant, goes to show that the informant sustained simple injury, though said to be caused by sharp cutting weapon on her.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, East Champaran, Motihari in Mufassil P.S. Case no. 327/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T