Naresh Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21234 of 2015 Arising Out of PS.Case No. -319 Year- 2011 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Naresh Das Son of late Latayan Das resident of village- Paighni, P.sBarahat, District- Jaumi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi wife of Sri Chandan Das resident of village- Penghi, P.o+ P.sBarahat, District - Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 313 and 504 of the Indian Penal Code.

It is alleged that the accused persons including the petitioner entered into the courtyard of the complainant when coaccused Munshi Das ordered to kill the complainant by addressing her as a witch and further ordered to outrage the modesty of the complainant. Co-accused Sunita Devi caught hold the hair of the complainant and when she fell down on the ground, all the accused persons assaulted her with fists and slaps. It is alleged

Patna High Court Cr.Misc. No.21234 of 2015 (2) dt.20-05-2015 2/2 against this petitioner that he kicked repeatedly on the stomach of the complainant as a result of which, pregnancy of three months has been terminated.

It is submitted by learned counsel for the petitioner that the petitioner filed Complaint Case No. 309C of 2011 on 14.03.2011 against the complainant and thereafter the present complaint has been filed on 16.03.2011. A statement has been made in para 7 of the petition that no medical report with regard to termination of pregnancy of the complainant is on record. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Jamui in connection with Complaint Case No. 319C of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner shall be accepted on verification of the fact that there is no medical report on record with regard to termination of pregnancy of the complainant. (Dinesh Kumar Singh, J) Amrendra/- U T