Patna High CourtCR. MISC./52001/2015bail granted

Deo Nath Pal v. The State Of Bihar

2015-12-15Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52001 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -LADANIA District- MADHUBANI ======================================================

1. Deo Nath Pal son of Ajay Pal @ Ajay Lal Pal @ Ajab Pal Resident of village- Padma, P.S.- Ladaniya, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2015 Heard the Counsel for the petitioner and the APP for the State.

Petitioner seeks bail in Ladayaniya P.S. Case No. 149 of 2014 registered under Section 379 and other allied sections of the Indian Penal Code as also section 3(i)(x) of the SC/ST Act. The allegation is that while the complainant/informant was returning home, the accused persons surrounded her and abused by taking name of her caste. Coaccused Sanjay pal tore the sari and blouse. It is submitted that with reference to an incident that occurred on 25.08.2014, a complaint was lodged on 8.9.2014 which was subsequently treated as an F.I.R.. Earlier to this, the mother of the petitioner has also lodged a case against the informant, her husband and other vide C.R. Case No. 9837 of

Patna High Court Cr.Misc. No.52001 of 2015 (2) dt.15-12-2015 2/2 2014 under diverse penal provisions of the Penal Code including Section 354B IPC. The allegation of outraging the modesty of the informant/complainant is attributed to Sanjay Pal. Petitioner is in custody since 26.8.2015 having no criminal antecedent. Considering the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Shankar, Judicial Magistrate, 1st Class, Madhubani in Ladayaniya P.S. Case No. 149 of 2014 subject to the following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T