Shanker Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31104 of 2018 Arising Out of PS. Case No.-457 Year-2017 Thana- BIRAUL District- Darbhanga ====================================================== Shanker Sahani s/o Late Sukan Sahani Resident of village- Supaul Makshudupr(Makshudanpur), P.S.- Biraul, District- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Jha. Adv.

For the Opposite Party :

Mr. Sri Ajit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and the State. This is an application for anticipatory bail in connection with Biraul P.S. Case No.457 of 2017 registered for the offences punishable under Sections 341, 323, 380, 354, 448, 504, 506/34 of the Indian Penal Code.

Informant Lalpari Devi in his complaint to the Officer In-charge of Police Station Biraul has stated that when she was cooking food in her house, accused persons including petitioner entered into her house and started abusing and assaulting her. Her allegation against petitioner is of assaulting the informant and outraging her modesty.

It has been submitted on behalf of petitioner that according to the informant, the date of occurrence is 15.10.2017

Patna High Court Cr.Misc. No.31104 of 2018(2) dt.21-05-2018 2/2 whereas FIR has been instituted on 07.11.2017. There was dispute between the parties regarding rights of fish in the pond. He has got no criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additiional Chief Judicial Magistrate, Biraul, Darbhanga, in connection with Biraul P.S. Case No. 457 of 2017 (G.R. No. 871 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) sudip/manoj U T