Patna High CourtCR. MISC./9535/2017bail granted

Umesh Prasad @ Umesh Kumar v. The State Of Bihar

2017-03-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9535 of 2017 Arising Out of PS.Case No. -481 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Umesh Prasad @ Umesh Kumar, S/o Late Bishun Sharan, R/o Vill.- Nanadgaon, P.S.- Shastrinagar, Dist.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Mushtaque Alam, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Shastri Nagar P.S. Case No. 481 of 2016 instituted for the offence under Sections 341, 323, 379, 354 and 504/34 of the Indian Penal Code. There is allegation against the petitioner that on his order, Poonam Devi, Muskan and Neha, assaulted the informant. It is further alleged that Umesh Prasad assaulted the informant with rod on the shoulder and attempted to remove her cloth with bad intention. The injury report of the informant has been enclosed as Annexure-3 wherein doctor has found bruise on her left eye and bruise on hand and body.

It has been submitted that a counter case has been filed by the petitioner against the informant and others vide

Patna High Court Cr.Misc. No.9535 of 2017 (2) dt.06-03-2017 2/2 Shastrinagar P.S. case No. 480 of 2016 for the same date of occurrence and as counter blast, this case has been instituted by the informant against the petitioner and others vide Shastrinagar P.S. Case No. 481 of 2016. It is mentioned in the written report that the petitioner is own Bhainsur of the informant. Learned counsel for the opposite party No. 2 has appeared and opposed the prayer for bail.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Shastrinagar P.S. Case No. 481 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Aditi Gupta, Judicial Magistrate, 1st Class, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T