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Patna High CourtCR. MISC./62092/2019bail granted

Dinesh Choupal @ Dinesh Kumar Sharma v. The State Of Bihar

2019-10-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62092 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== Dinesh Choupal @ Dinesh Kumar Sharma, Male, aged about 35 years, Son of Mahendra Sharma @ Mahendra Choupal, Resident of Village- Gwalpara, P.S.- Chhatapur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Chhatapur (Rajeshwari O.P.) P.S. Case No. 151 of 2019 registered under sections 341, 323, 354, 504, 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner entered into the house of the informant and got indulged in indecent behavour with the informant and also tried to outrage her modesty.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is previous enmity between the parties.

Patna High Court CR. MISC. No.62092 of 2019(2) dt.21-10-2019 2/3 Learned counsel further submits that a panchayati was held between the petitioner and the informant on 05.03.2019 but the informant did not turn up in the same panchayati as it would be evident from Annexure-3 filed along with the supplementary affidavit. Learned counsel further submits that the petitioner is a village doctor and used to demand his fee from the informant for which a false case has been lodged against him. Learned counsel further submits that wife of the petitioner has also lodged Chhatapur (Rajeshwari O.P.) P.S. Case No. 152 of 2019 against the husband of the informant.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-villagers and there appears to be previous dispute between them, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Supaul in connection with Chhatapur (Rajeshwari O.P.) P.S. Case No. 151 of 2019, subject to the condition as laid down

Patna High Court CR. MISC. No.62092 of 2019(2) dt.21-10-2019 3/3 under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U