Tun Tun Bind @ Tun Tun Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1114 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== TUN TUN BIND @ TUN TUN BIN son of Ram Chandra Bind, R/o village- Dudhghat, P.S. Shahpur, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 257 of 2016 for the offences instituted under Sections 147, 148, 341, 323, 307 and 379 of the Indian Penal Code.

The allegation against the petitioner is of assaulting the informant with lathi, causing her head injury and when her husband came to save her, he was also assaulted by the petitioner causing injury to his neck and thigh. The petitioner was also attempted to outrage the modesty of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.1114 of 2017 (2) dt.13-01-2017 2/2 petitioner has falsely been implicated in the present case. From perusal of the order of the Sessions Court, it is evident that the nature of injury is simple and superficial in nature. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Shahpur P.S. Case No. 257 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T