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Patna High CourtCR. MISC./50489/2014bail granted

Dinesh Chaupal v. The State Of Bihar

2015-05-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50489 of 2014 Arising Out of PS.Case No. -189 Year- 2014 Thana -MANIGACHI District- DARBHANGA ====================================================== Dinesh Chaupal son of Gopaljee Chaupal resident of village- Jatuka, P.S. Manigachi (Nehra O.P.), District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lalit Narayan Jha For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 379, 325 and 504 of the I.P.C. The allegation against the petitioner is that he gave farsa blow on the head of the informant and she became injured. Submission is of false implication due to earlier cases. The wife of the petitioner has lodged Manigachi P.S. Case No. 102 of 2014 against Jira Chaupal, Dewar of the informant under section 376 I.P.C and further Manigachi P.S. Case No. 188 of 2014 was lodged by Maniya Devi under section 307 and other sections of the I.P.C. and the petitioner has also filed case against

Patna High Court Cr.Misc. No.50489 of 2014 (2) dt.07-05-2015 2/2 the informant's Dewar vide Trial No. 1789 of 2014 which is pending in the court of Judicial Magistrate, 1st Class, Darbhanga. Other co-accused have been allowed bail by the learned court below itself. The injury found on the person of the informant is simple in nature and the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration, to which the learned A.P.P. opposes.

Considering the submission that the injury found on the person of the informant has been noticed simple in nature and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. C.J.M. Darbhanga in Manigachi (Nehra O.P.) P.S. Case No. 189 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T