Binesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54931 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -PALI District- JEHANABAD ====================================================== Binesh Prasad, Son of Lallu Yadav, R/o village - Saidabad, P.S. Pali, Distt.- Jehanabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Pali P.S. Case No. 39 of 2016 for the offences instituted under Sections 341, 323, 504, 307, 379 and 34 of the Indian Penal Code.

The allegation against the petitioner is of assaulting the wife of the informant by means of iron rod, causing injury upon her head. Thereafter co-accused Reena Devi took golden Jitia and ear-ring from the neck of the informant's wife. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. He has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.54931 of 2016 (2) dt.22-12-2016 2/2 witnesses alleged against the petitioner. From perusal of the order of the Sessions Court, it is apparent that there is no injury report on the record to support the allegations made by the informant. 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 anticipatory 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 Pali P.S. Case No. 39 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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