Manoj Panjiyar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45612 of 2017 Arising Out of PS. Case No.-240 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Manoj Panjiyar Son of late Ram Swarup Panjiyar Resident of Village- Under Town, Rosera, Mohalla- Panjiyar Toli, Ward No. 11, P.S. Rosera, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ram Kumari Devi wife of late Ram Chandra Mahto Ward Nio. 11, Panjiyar Toli, Rosera, P.S. Rosera, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s :

Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 379 and 504 of the Indian Penal Code and 3⁄4 of Prevention of Witch (Daain) Practices Act. Allegation is that the accused persons including the petitioner entered in the house of the complainant and assaulted her with fists and slaps and took away document from the box and Rs.7000/- and silver Hasuli worth Rs.10,000/-. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.45612 of 2017(2) dt.03-10-2017 2/2 petitioner has falsely been implicated in the present case. The alleged date of occurrence is 10.04.2016, whereas the complaint case was filed on 13.04.2016. Delay has not been explained by the prosecution. A complaint case has also been filed on behalf of the accused side, where the sons of the complainant are accused. The matter relates to a petty dispute between the parties.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Rosera, District Samastipur in connection with Complaint case No.240 of 2016/ Trial No.2214 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T