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Patna High CourtCR. MISC./38709/2019bail granted

Ajay Pandit @ Ajay Kumar v. The State Of Bihar

2019-09-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38709 of 2019 Arising Out of P.S. Case No.-133 Year-2017 Thana- MOKAMAH District- Patna ====================================================== AJAY PANDIT @ AJAY KUMAR, Male, aged about 50 years, Son of Mathura Pandit Resident of Village - Mekra Bujurg, P.s.- Mokama, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Mokama P.S.Case No.133 of 2017 registered for the offence punishable under Sections 354, 341, 323, 325, 504, 379 and 506/34 of the Indian Penal Code. From perusal of the FIR, it appears that informant's neighbour, namely, Mahipal Pandit has started flirting to his daughter-in-law and petitioner assaulted the informant by means of iron rod and other persons also abused him and took away golden chain from the neck of the daughter-in-law of the informant and thereafter all the accused persons fled away from the place of occurrence.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. It is further submitted that chargesheet has been submitted under Sections

Patna High Court CR. MISC. No.38709 of 2019(3) dt.11-09-2019 2/2 325 and 379 of the Indian Penal Code. It is further submitted that the allegation of molestation is against co-accused Mahipal Pandit and so far this petitioner is concerned, there is general and omnibus allegation against this petitioner. Petitioner has got clean antecedent.

Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Barh, Patna/successor Court in connection with Mokama P.S.Case No.133 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T