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Patna High CourtCR. MISC./8001/2017bail granted

Kapoor Chand Prasad v. The State Of Bihar

2017-03-01Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8001 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Kapoor Chand Prasad, son of Shri Gorakh Nath Prasad, Resident of Gandhi Nagar, in front of Patliputra Station, P.S. Rajeev Nagar, District Patna. At present 41/48, C.I.D. Colony, Shastri Nagar, Dist. Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP For the Informant : Mr. Gautam Shah, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and counsel for the State as also counsel for the Informant.

In the present case, the petitioner is seeking bail in connection with Rajeev Nagar P.S. Case No. 179 of 2016 (G.R. No. 5594 of 2016) for offence under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code.

Earlier the petitioner had moved before this Court with a prayer for bail in Cr. Misc. No. 45790 of 2016 and this Court, vide order dated 22.10.2016, rejected the same. Admittedly the premise, in question, belongs to the petitioner and he has let out the premises on rent after agreement to the Informant for running a guest house. As per allegation, the petitioner entered into the premises of the Informant and behaved

Patna High Court Cr.Misc. No.8001 of 2017 (2) dt.01-03-2017 very roughly with her. Allegation has also been made of assaulting the victim lady. The petitioner is in jail since 6.11.2016. Looking to the facts and circumstances of the case, let the petitioner, namely, Kapoor Chand Prasad, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Rajeev Nagar P.S. Case No. 179 of 2016 (G.R. No. 5594 of 2016) subject to the condition that one of the bailor will be the close family relative of the petitioner and the petitioner will not, in any manner, disturb the Informant or her husband or her any staff in running the guest house. The petitioner, if so advised, may take any legal course as is available in law.

(Shivaji Pandey, J) Rishi/- U T