Tanik Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6158 of 2019 Arising Out of PS. Case No.-152 Year-2016 Thana- NAYA RAM NAGAR District- Munger ====================================================== Tanik Pandit son of late Ramjatan Pandit, resident of village- Parham, Police Station- Nayaram Nagar (Safiasarai O.P.), District- Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Ambastha For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-02-2019 A Vakalatnama has been filed on behalf of the informant of this case.
Let it be taken on record.
Heard the learned counsel for the petitioner, the informant and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Nayaram Nagar P. S. Case No. 152 of 2016 (G. R. 1882/16) dated 21.10.2016 instituted for the offences under Sections 147, 148, 323, 354 and 504 of the Indian Penal Code.
The petitioner is alleged to have ordered his fellows to assault the informant and others. On such exhortation,
Patna High Court Cr.Misc. No.6158 of 2019(2) dt.04-02-2019 2/3 one Kanhaiya Das is said to have assaulted the informant on his head. Another accused person is said to have assaulted the husband of the informant. One Sudhir Das was also assaulted. When a female member of the house namely Bandana Devi came for the rescue of the injured persons, the petitioner is alleged to have pulled her saari thereby making her semi-naked.
Learned counsel for the petitioner has submitted that the reason for falsely implicating the petitioner is not far to seek. Co-accused Kanhaiya Das has lodged a case against the informant and others and the present case is only a counter version of the case lodged by Kanhaiya Das. The police after investigation has submitted the final report false against the petitioner whereas other accused persons were charge-sheeted. However, the learned Chief Judicial Magistrate, differing with the police report, has taken cognizance against the petitioner also.
Regard being had to the aforesaid facts and that there is no injury report on record and the petitioner has clean antecedents, the petitioner, above-named, is directed
Patna High Court Cr.Misc. No.6158 of 2019(2) dt.04-02-2019 3/3 to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Munger in connection with Nayaram Nagar P. S. Case No. 152 of 2016 (G. R. 1882/16) , subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U