Manish Kumar @ Mohan Mishra @ Chhotan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13373 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Manish Kumar @ Mohan Mishra @ Chhotan son of Indrajeet Kr. Mishra @ Indrajeet Mishra resident of village Raghopur Narsanda, P.S. Patepur, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323,341,379 and 504/34 of the Indian Penal Code and sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the petitioner came to the house of the informant, who is husband of Panchayat Mukhia, to get some blank paper signed and on refusal of the same, the petitioner abused the informant. Subsequently, when the informant went to participate in marriage the petitioner along with others abused the informant.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.13373 of 2015 (2) dt.01-04-2015 2/2 that the husband of the informant was misappropriating the funds of government scheme on behalf of his wife when protest was made then the petitioner was assaulted for which he lodged Patepur P.S. Case No. 89 of 2014 with accusation under sections 323,341,504 and 379 IPC. More over, the specific accusation of hurling abuses by the petitioner on the door of the informant cannot be treated to be a place of public view. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM, Vaishali at Hajipur in connection with Patepur P.S. Case No. 88 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T