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Patna High CourtCR. MISC./52889/2015bail granted

Ajay Lal v. The State Of Bihar

2015-12-15Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52889 of 2015 Arising Out of PS.Case No. -150 Year- 2013 Thana -KOILWAR District- BHOJPUR ======================================================

1. Ajay Lal Son of Late Mahendra Prasad Sinha resident of T.B. Centre, P.S.- Koilwar, District- Bhojpur (Arrah) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-12-2015 Learned counsel for the petitioner is permitted to make corrections in paragraph 1 of the bail application. Heard learned counsel for the petitioner and learned Additional Public Prosecution for the State.

The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 150 of 2013 for the offences punishable under Sections 341, 323, 324, 354(B), 504 and 34 of Indian Penal Code.

The F.I.R. arising from of a complaint case which was registered after enquiry under Section 156(3) of the Code of Criminal Procedure. The complainant charges the petitioner of trying to outrage the modesty and after being protested by her and her husband as well as brother- in- law that he ran away only to

Patna High Court Cr.Misc. No.52889 of 2015 (2) dt.15-12-2015 2/2 return with the other accused.

Learned counsel for the petitioner has submitted that the case in question is in retaliation to Koilwar P.S. Case No. 133 of 2013 instituted by the wife of the co-accused Khusbu Kumari and that there is a delay of 4 days in institution of the complaint. He submits that although the alleged occurrence took place on 15.7.2013, the complainant has taken a lesser time to institute a complaint on 19.7.2015.

Although the prayer for bail is strenuously protested by the learned counsel for the informant but considering the circumstances existing and the submissions made by the learned counsel, let the petitioner namely, Ajay Lal in the event of his arrest/surrender within four weeks from today, be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case No. 150 of 2013 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) Bibhash/- U T