Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31613 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -BALRAMPUR District- KATIHAR ====================================================== Juber Son of Jahiruddin resident of village - Madhepur Bhatiya Tola, P.S. Balrampur ( Telta ), District - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Advocate For the State : Mr. Sanjay Kumar(APP) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 147, 341, 323, 452, 354, 379 and 504 of the Indian Penal Code.

It is contended on behalf of the petitioner that the altercation took place with regard to erecting of partition of "Phus". It is further contended that the allegation is general and omnibus. So far the allegation made under section 354 of the Indian Penal Code is concerned, it is submitted that the same is ornamental in nature as it is not probable that in presence of so many persons and specially his wife, a person would indulge himself in such activity.

Having regard to the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.31613 of 2016 (3) dt.02-09-2016 the abovenamed petitioners, namely, Juber, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Balrampur (Telta) Police Station Case No. 36 of 2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Katihar subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) SC/- U T