Ballu Singh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45147 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- MARANCHI District- Patna ====================================================== BALLU SINGH NISHAD SON OF KHALO SINGH NISHAD R/O VILLAGE- DUMARA, JANJIRA DIYARA, P.S.- MARANCHI, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Maranchi P.S. Case No. 22 of 2021, registered for the offences punishable under Sections 341, 323, 447, 308, 354(d), 506, 504 read with Section 34 of the Indian Penal Code and 27 of the Arms Act.

As per allegation, the petitioner entered into the house of the informant and outraged her modesty. The learned counsel for the petitioner has submitted that the reason behind the occurrence is that the

Patna High Court CR. MISC. No.45147 of 2022(2) dt.30-11-2022 2/3 informant was grazing goat in the field of the petitioner and when he protested, a false case has been lodged. The petitioner is under custody since 17.05.2022.

Considering the above-mentioned facts and circumstances, as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Maranchi P.S. Case No. 22 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.45147 of 2022(2) dt.30-11-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Mahesh U T