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Patna High CourtCR. MISC./59261/2019bail granted

Bhuneshwar Nat v. The State Of Bihar

2019-09-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59261 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== BHUNESHWAR NAT, aged about 63 years, Male, Son of Dayali Nat, Resident of Village - Beladih, P.S.- Belaganj, District - Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Shyamal Krishna Sinha, Adv.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Belaganj P.S. Case No. 135 of 2019 for the offences alleged under Sections 450, 341, 323, 354B, 427 and 34 of the Indian Penal Code.

The accusation is that while at 09.00 p.m. on 05.04.2019, informant was in her house, at that time, petitioner and Bittu Nut, in drunken stage, entered in her house and tried to outrage her modesty. On protest, both also assaulted her and damaged the door of latrine.

The submission of the learned counsel for the petitioner is that petitioner and co-accused are next door neighbour of the informant and due to dispute of draining out of dirty water of the house, exchange of hot words taken place and

Patna High Court CR. MISC. No.59261 of 2019(2) dt.19-09-2019 2/2 with ulterior motive Rajendra Sao, father of the informant managed to lodge this case by his daughter. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Belaganj P.S. Case No. 135 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XI, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T