Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 47527 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -BHAWANIPUR District- PURNEA ====================================================== Ajay Kumar Son of Yogendra Thakur, R/o Village- Bhawanipur Sudama Nagar, P.S.- Bhawanipur, District- Purnea.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends arrest in Bhawanipur P.S. Case No. 155 of 2015 dated 23.07.2015 instituted under Sections 458/354/323/147/34 of the Indian Penal Code.
The petitioner is accused of touching the informant and offering her Rs. 500/- to keep mum while the other men numbering 25-35, had reached the place of occurrence and assaulted and dragged away the informant. Learned counsel for the petitioner submits that from the plain reading of the F.I.R., the only allegation is that he had touched the body of the informant but there is no explanation as to how at 11.00 P.M. in night the petitioner had entered the room of the informant as it cannot be believed that the same was left open. It is further submitted that the
Patna High Court Cr.Misc. No.47527 of 2015 (3) dt.09-11-2015 2/2 petitioner is next door neighbour having a tea shop and due to dispute regarding dirty water flowing from the house of the informant, there was free fight between both sides for which there is a counter case also. It is submitted that the petitioner has clean antecedent.
Learned A.P.P. submits that as per the allegation the petitioner did touch the body of the informant. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Bhawanipur P.S. Case No. 155 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) P. Kumar U T