Nawal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36720 of 2014 Arising Out of PS.Case No. -137 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Nawal Singh Son of Late Achal Singh, Resident of village- Berauti, P.S.- Deepnagar, Distt.- Nalanda at Bihar Sharif .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-02-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. Heard the learned counsel on behalf of the informant also.

The petitioner, Nawal Singh, who apprehends his arrest in Deepnagar P.S. Case No.137 of 2014 registered for the offences punishable under Section 341, 323, 354, 379 of I.P.C.. It appears that the F.I.R. was lodged on the information given by Chunchun Devi alleging that while she had gone to attend call of nature in the evening, the informant who is Chachia Sasur (cousin father-in-law) went their with another accused who is relation of that cousin father in-law and assaulted her and torn the blouse and threw her down. When she made halla 'Bachao Bachao' they fled away taking the Mangalsutra from the informant-in-law.

Patna High Court Cr.Misc. No.36720 of 2014 (2) dt.11-02-2015 2 / 2 The learned counsel for the petitioner submitted that the petitioner aged about 75 years and that the allegation has been made falsely because of the fact that earlier a case has been instituted by the petitioner's son against the informant family members wherein the anticipatory bail was rejected, therefore, to give pressure on the petitioner, this false case has been lodged.

On the other hand, the learned counsel for the informant vehemently oppose the prayer for anticipatory bail and submitted that the conduct of the petitioner is not good. There is no reason as to why he torn of blouse. However, he is unable to convert the age of the petitioner about 75 years.

Considering the above facts and circumstances of the case and the nature of allegation against the petitioner, I direct the petitioner, in the event of his arrest / surrender within one month from today to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S. Case No.137 of 2014, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

Sanjeev/- (Mungeshwar Sahoo, J) U