Ashok Bishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57152 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- PALASI District- Araria ====================================================== 1.

ASHOK BISHWAS S/o Late Pancha Nand Bishwas R/o village- Korhaili, P.S.- Palasi, District- Araria 2.

Mithun Kumar Bishwas S/o Ashok Bishwas R/o village- Jagandiha, P.S.- Guraru, District- Gaya ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Palasi P.S. Case No. 155 of 2018 for the offence punishable under Sections 448, 341, 323, 307, 354B, 379, 504 and 427/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners contends that evidently land dispute between the parties is the reason behind the occurrence, if any. Though there is allegation against the petitioner No.1 of having assaulted the informant and pressed her neck and against petitioner No.2 of having used sickle to injure the informant's son, the injuries have been found to be simple in nature. Allegation of attempt to outrage modesty of the

Patna High Court CR. MISC. No.57152 of 2019(2) dt.09-09-2019 2/2 informant and snatching of jewellery are super addition. Considering the background, in which the occurrence is said to have taken place, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Araria, in Palasi P.S. Case No. 155 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T