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Patna High CourtCR. MISC./50322/2015allowed

Jagdish Prasad @ Jagdish Sah v. The State Of Bihar

2015-12-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50322 of 2015 Arising Out of PS. Case No. -140 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Jagdish Prasad @ Jagdish Sah, Son of Late Hari Sah, Resident of village - Bhaaur, P.S. Nanpur, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Sangita Sharma (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code to which Section 302 of the Indian Penal Code has been added on death of Janak Dulari Devi, the mother of the informant.

The petitioner submits that there is no allegation that he assaulted Janak Dulari Devi. He submits that there is a case and counter case and the petitioner's wife along with 2-3 other family members on his side also sustained injuries. Furthermore, the injuries sustained by the informant is said to be simple in nature. In such circumstances, in the event of arrest or surrender before the court below within four weeks from today, the above named petitioner be released on bail on furnishing bail bond

Patna High Court Cr. Misc. No.50322 of 2015 (2) dt.17-12-2015 2 / 2 of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case no. 140 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the condition that he will not physically absent for two consecutive dates at stretch till charges are framed.

(Samarendra Pratap Singh, J.) Uday/- U T