Mahendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31221 of 2015 Arising out of PS.Case No. -83 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Mahendra Pandit, S/o Raghuni Pandit, resident of Village - Kamp, P.S. - Sour Bazar, Distt. Saharsa.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Neeraj Kumar, Advocate. For the Opposite Party : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioner is apprehending his arrest in connection with Saur Bazar P.S. Case No. 83 of 2015 for the offences instituted under Sections 341, 323, 354(A), 379, 504 and 506/34 of the IPC.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 15.03.2015 at 6.30 P.M., the informant was returning home after cutting grass and she saw 5 to 6 persons were sitting below the bridge having Lathi, Farsa in their hands and when she reached there then the F.I.R. named accused persons told in laud voice to stop and they reached near the informant, caught hold her and thrown in the field and started assaulting her, thereafter, this petitioner also came there and told that let she be bitten after nakeding her she be dishonored, then she raised alarm. It is also alleged that her Gotani

Patna High Court Cr.Misc. No.31221 of 2015 (2) dt.31-07-2015 2/2 who was coming from the field also reached there and raised hulla and then the accused persons started fleeing away. It is further alleged that in course of occurrence accused persons taken away ornaments of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further alleged that prior to the alleged occurrence, vide Annexure-2 a case was instituted by the petitioner's side upon the informant and the present case has been instituted on outburst to annexcure-2. There is no overt act against the petitioner.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sour Bazar P.S. Case No. 83 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T