Patna High CourtCR. MISC./6416/2017allowed

Mahesh Rai v. The State Of Bihar

2017-02-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6416 of 2017 Arising Out of PS.Case No. -392 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Mahesh Rai, Son of Ram Vilas Rai, Resident of Village- Utari Dumari, Police Station- Patori (Mohanpur OP), District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate. For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Patori (Mohanpur O.P) P.S. Case No. 392 of 2016 registered under Sections 341,323,324,307,379/34 of the Indian Penal Code. The allegation against the petitioner is of giving stab blow in the abdomen of the informant.

Learned counsel for the petitioner submits that the allegation is frivolous as the there was dispute with regard to molestation of Nisha Kumar, the daughter of the petitioner by the informant for which a complaint was filed by the mother of Nisha Kumar bearing Complaint Case No. 1537 of 2016 due to which the present case has been filed as counter blast and the injury is

Patna High Court Cr.Misc. No.6416 of 2017 (2) dt.20-02-2017 2/2 simple in nature.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Patori (Mohanpur OP) P.S. Case No. 392 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Prakash/- U T