Pankaj Das @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56643 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- HABIBPUR District- Bhagalpur ====================================================== 1.

PANKAJ DAS @ PANKAJ KUMAR Son of Prakash Das Resident of Village - Habibpur Harijan Tola, P.S.- Habibpur, Distt - Bhagalpur. 2.

Sonu Das Son of Prakash Das Resident of Village - Habibpur Harijan Tola, P.S.- Habibpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 At the very outset, learned counsel for the petitioners has submitted that during pendency of this application, petitioner no. 2 has been arrested and as such, this application so far petitioner no. 2 is concerned has become infructuous and he may be permitted to withdraw this application so far petitioner no. 2 is concerned. Permission is accorded.

This application with respect to petitioner no. 2 is dismissed as withdrawn.

So far petitioner no. 1 is concerned, he apprehends his arrest in connection with Habibpur P.S. Case No. 11/2019 registered for offences punishable under Sections 447, 341, 323, 307, 354, 379 and 34 of the Indian Penal Code.

Allegation against petitioner no. 1 is of misbehaving with

Patna High Court CR. MISC. No.56643 of 2019(2) dt.06-09-2019 2/2 the daughter of the informant.

Submission of learned counsel for the petitioners is that petitioner and informant are close relative and this false and concocted case has been lodged out of previous enmity and no such occurrence as alleged has ever taken place. Moreover, now a compromise has also reached between the parties. Further submission is that petitioner no. 1 has no criminal antecedent and he is ready to abide by any condition imposed of him. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, Let petitioner no. 1, namely, Pankaj Das @ Pankaj Kumar, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XII, Bhagalpur, in connection with Habibpur P.S. Case No. 11/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T