Awadhesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.56917 of 2017 (2) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56917 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Awadhesh Ram, Son of Bhola Ram, resident of Village- Kharjama Police Station- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Islampur P.S. Case No. 168 of 2017, registered under Sections 341, 323, 504, 354(B) and 379/34 of the Indian Penal Code. The accusation is that, on 29.05.2017, she-goat of the informant jumped on the sand of Awadhesh Ram due to which Sarita Devi, wife of petitioner, started to abuse and assaulted her through fist and slaps. When the informant made protest then Kavia Devi, caused injury at her right hand through spade. Thereafter, this petitioner caused injury at her neck through lathi and danda. When the villagers came there then all fled away.

Patna High Court Cr.Misc. No.56917 of 2017 (2) dt.08-12-2017 Learned counsel for the petitioner submits that, in fact, petitioner and the informant are co-villagers and due to petty dispute hot talk was exchanged, but with ulterior motive the present case has been lodged with false allegation. Having regard to the facts and circumstances of the case, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Hilsa, Nalanda, in connection with Islampur P.S. Case No. 168 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T