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Patna High CourtCR. MISC./59414/2018bail granted

Dularchand Sharma v. The State Of Bihar

2018-11-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59414 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -SAHARSA District- SAHARSA ======================================================

1. Dularchand Sharma Son of Surya Narayan Sharma@ Shiv Narayan Sharma Resident of Village- Batraha, Ward No. 24, Sharma Chowk, P.S. Saharsa, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kanchan Kumar Singh, Adv For the Opposite Party/s : Mr. Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504, 506, 34 of the Indian Penal Code.

Both sides are agnates. Civil dispute and civil suit is going on between the parties. There is allegation of commission of assault by thrashing the informant on the ground as well as there is allegation of attempt to outrage her modesty by tearing her clothes.

Submission is that there is counter case also. Petitioner has got no criminal antecedent and the victim might have sustained injury during scuffle with other named

Patna High Court Cr.Misc. No.59414 of 2018 (3) dt.06-11-2018 2/2 person.

Considering the entire facts of this case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Saharsa Sadar P.S.Case No.95 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T