Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10724 of 2021 Arising Out of PS. Case No.-630 Year-2019 Thana- DIGHA District- Patna ====================================================== SURAJ KUMAR SON OF TARKESHWAR RAI @ TARKESHWAR RAY RESIDENT OF VILLAGE- NAKTA DIYARA, P.S- DIGHA, DISTRICTPATNA ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rudra Deo, Adv.
For the Opposite Party :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2021 Heard Mr. Rudra Deo, learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State.
The petitioners seek bail in anticipation of his arrest in connection with Digha P.S. Case No. 630 of 2019 dated 05.11.2019 instituted for the offences under Sections 341, 323, 504, 354, 447, 427, 379 and 34 of the Indian Penal Code. The accusation of the petitioner is of having attempted to eve tease the daughter of the informant. When this was protested, the petitioner assaulted the members of the prosecution party.
Learned counsel for the petitioner has submitted that a false case has been lodged against him. In fact the informant and the petitioner are neighbours and there is dispute between them with respect to demarcation of land.
Patna High Court CR. MISC. No.10724 of 2021(2) dt.22-12-2021 2/2 The learned counsel for the petitioner has further submitted that the informant is not the eye witness to the occurrence and the manner in which FIR is lodged, it appears that some body else had dictated the averments therein. For the vagueness of the case and the background facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bond in the sum of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Subdivisional Judicial Magistrate, Patna, in connection with Digha P.S. Case No. 630 of 2019 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Ashutosh Kumar, J) Shamshad/- U T