Shiva Ji Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16881 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Shiva Ji Ram, S/o Gonu Ram, resident of village- Adampur, P.S.- Goraul, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the co-villager of the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 354/34 of the Indian Penal Code. Basic accusation is of torture after 15 years of marriage. It is alleged that the husband assaulted the informant and drove her out from matrimonial house. The husband of the informant performed second marriage. The informant retuned to his matrimonial house on 25.11.2015 where all the accused persons asked her to leave the village and assaulted her. When a Panchyati was held then this petitioner and Pramod Ram being Panch outraged the modesty of the informant by pulling her clothes.

Patna High Court Cr.Misc. No.16881 of 2016 (2) dt.19-04-2016 It is submitted by the learned counsel for the petitioner that petitioner is co-villager of the husband of the informant and simply he participated in the Panchayat, hence he has been made accused in the present case. For the occurrence of 25.11.2015 the First Information Report was registered on 11.02.2016.

Considering the delayed lodging of the case and the petitioner being simply the co-villager of the husband of the informant, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 27 of 2016, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T