Kamal Kishore Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12304 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -LODIPUR District- BHAGALPUR ====================================================== Kamal Kishore Pandit S/o Brihaspati Pandit .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

It would appear from the perusal of the first information report that on a petty issue the quarrel took place between the parties and in that course the petitioner is said to have caused miscarriage to the informant.

Contention on behalf of the petitioner is that on the alleged date of occurrence it was the prosecution party who assaulted the petitioner and after the occurrence the petitioner was admitted in hospital and also lodged criminal case against prosecution party. It is further submitted that two months prior to the alleged occurrence the wife of the petitioner was badly assaulted by the prosecution party for which the wife of the petitioner lodged a criminal case. It is submitted that, as a matter

Patna High Court Cr.Misc. No.12304 of 2016 (2) dt.30-03-2016 2/2 of fact, in a free fight the informant sustained injuries resulting miscarriage.

Considering the facts aforesaid and submission of the parties, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. case No.99 of 2015. .

(Hemant Kumar Srivastava, J) BKS/- U T