Mohan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66291 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Mohan Pandit, Son of Late Khonhay Pandit, Resident of Village- Baurna Navtoliya, P.S.- Gogari, District- Khagaria.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 307, 448, 504, 506, 354(B) and 379/34 of the IPC.

The prosecution story, in brief, is that on 08.06.2018 at 6,00 hours, while the husband of the informant was plucking mango from the tree at his door, the petitioner and other coaccused put objection, abused and became adamant to assault him and out of fear, her husband entered into house. It is further alleged that the petitioner and other accused persons with Lathi and Danda entered into her house and on objection raised by her, they abused her. Co-accused Manish Pandit pulled her Sari torn her Blouse and took away her gold ear-rigs. It is also

Patna High Court Cr.Misc. No.66291 of 2018(2) dt.17-12-2018 2/3 alleged that petitioner Mohan Pandit assaulted on her head and hand with Lathi. It is further alleged that on her alarm, the nearby people saved her life and modesty.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. Other co-accused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 58042 of 2018 order dated 20.09.2018. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Khagaria, in connection with Gogari P.S. Case No.

Patna High Court Cr.Misc. No.66291 of 2018(2) dt.17-12-2018 3/3 G.R. No. 1540 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T