Amar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36994 of 2020 Arising Out of PS. Case No.-181 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== AMAR SAH Son of Late Lalbabu Sah Resident of Village - Awapur ward no. 4, P.S.- Pupri, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi Wife of Madan Sah Resident of Village - Awapur ward no. 4, P.S.- Pupri, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Virendra Kumar, Advocate For the State :

Mr.Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 354 of the Indian Penal Code. Allegation is that the petitioner assaulted the complainant by leg, fists and slaps and also disrobed the complainant by pulling and opening her saree.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.36994 of 2020(2) dt.14-07-2021 2/2 has falsely been implicated in the present case. There is property dispute between the petitioner and the victim and for the said reason the present case has been instituted. The allegation as levelled in the complaint case is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with CI/181 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T