Chandan Kumar Das @ Chandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54354 of 2019 Arising Out of PS. Case No.-147 Year-2017 Thana- SHAHKUND District- Bhagalpur ====================================================== CHANDAN KUMAR DAS @ CHANDAN DAS, aged about 24 years, Male, Son of krishnavtar Das, Resident of village- Dauna, P.S.- Shahkund, DistrictBhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar Jha, Adv.

For the Opposite Party :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Shahkund (Sajour) P.S. Case No. 147 of 2017 (corresponding to G.R. No. 3249 of 2017) for the offences alleged under Sections 341, 323, 307, 448, 379, 504 and 34 of the Indian Penal Code. The accusation is that in the evening of 08.07.2017, informant, Kalpana Kumari, was taking dinner in her house, at that time his maternal brother, Chandan Das (petitioner), maternal uncle, Krishna Avtar Das, and maternal aunt, Aruna Devi, entered in her house and started to abuse and assaulted her, then, she raised alarm to save on which Chandan Das gave the iron rod blow on her head, Rajnish Das snatched her gold earrings, Aruna Devi and Krishna Avtar Das asked to kill her. The submission of the learned counsel for the petitioner is that the informant use to reside in the neighbour of the petitioner and in quarrel between ladies informant sustained

Patna High Court CR. MISC. No.54354 of 2019(2) dt.29-08-2019 2/2 only two injuries, i.e., lacerated wound on the back of the head and abrasion about 1/4" x 1/4" on lower lip, which are simple in nature, but, with ulterior motive the petitioner and others have been implicated in this case. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Shahkund (Sajour) P.S. Case No. 147 of 2017 (corresponding to G.R. No. 3249 of 2017) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Bhagalpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T