Patna High CourtCR. MISC./42658/2014bail granted

Ashutosh Bibhakar @ Ashutosh Kumar v. The State Of Bihar

2015-04-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42658 of 2014 Arising Out of PS.Case No. -196 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ashutosh Bibhakar @ Ashutosh Kumar Son of Gopal Mahto Resident of Village-Ijraha, P.S.-Chhaurahi, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under sections 341, 323, 379/ 34 of the Indian Penal Code and sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

From the first information report it appears that relationship between the informant and his wife is strained. His wife was working in a coaching institute run by the petitioner. Allegedly, the petitioner assaulted the informant and abused him saying as to why he was compelling his wife to leave her job in the coaching institute.

Patna High Court Cr.Misc. No.42658 of 2014 (2) dt.16-04-2015 2/2 Learned counsel for the petitioner submits that apparently the allegation is malicious and the petitioner has been implicated only because the informant's wife is working in his coaching institute. He further submits that for the occurrence alleged to have taken place on 15.07.2014, the first information report has been instituted on 03.08.2014 after so much delay without any explanation.

In view of submissions, as above, the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be released on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. Kumar, learned Judicial Magistrate, 1st Class, Rosera, Samastipur in Bibhutipur PS case No. 196/2014, subject to conditions as laid down u/s 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) BKS/- U T