Nand Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43419 of 2017 Arising Out of PS.Case No. -1040 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Nand Patel son of late Babulan Patel resident of village - Judi Mian Tola, P.S. - Shaikarpur, P.S. Bettiah Town, District - West Champaran .... Petitioner

Versus

1. The State of Bihar

2. Seema Devi wife of Sri Ajit Kumar Yadav resident of village - Pachgachhiya Koni, P.S. - Marauna, District - Supaul, At present village - Juri Mian Ka Tola, P.S. - Shikarpur, District - West Champaran .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Adv. For the Opposite Parties : Mr. Ahtash Ali Khan, APP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1040 of 2016 for the offences allegedly committed by the petitioner under Sections 420, 354A, 354B, 323 and 504 of the Indian Penal Code.

The complainant alleged that Dilip Patel entered into an oral contract for running orchestra, but, Dilip Patel did not pay the wages. The complainant, further, alleged that Dilip Patel entered into her house, misbehaved and assaulted her with fists and slaps and torn her undergarments. It is, further, alleged that the petitioner being father of Dilip Patel, threatened the complainant.

The learned counsel for the petitioner submits that the petitioner had no agreement with complainant. There is no allegation against the petitioner that he ever touched the body of the complainant. Only allegation against the petitioner is that he chided the complainant.

Patna High Court Cr.Misc. No.43419 of 2017 (2) dt.19-09-2017 2/2 Considering the facts and allegation, made against the petitioner, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1040 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, IV, West Champaran at Bettiah, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √