Sheela Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49699 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Sheela Devi wife of Kapil Sao of village Manaut P.S. Muffasil District Gaya

2. Anil Sao son of Sita Ram Sao of village Sanaut Saraiya P.s.Muffasil District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binoy Kumar Sinha-1 For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Muffasil P.S.Case no.68 of 2018 , registered for offences punishable under Sections 341, 323, 341, 325, 379, 452, 354 (B)/34 of the Indian Penal Code.

Allegation against the petitioner is that he entered inside the house and tried to misbehave with the ladies members and also assaulted by fists and slaps.

Submission of the learned counsel for the petitioner is that the allegation of misbehaving with the ladies is by the other accused persons and there is land dispute between the parties, the allegation of and the assault, as per FIR, is only of fists and slaps. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.49699 of 2018 (3) dt.29-08-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Muffasil P.S.Case No.68 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) T chn/- U