Raven Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72102 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== Raven Sardar S/o- Mushharu Sardar, resident of Village- Ratansar, P.S.- Chhatapur, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ansarul Haque, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Chhatapur P.S. Case No. 246 of 2018 dated 07.08.2018 instituted for the offences under Sections 307, 323, 324, 341, 354, 379 and 504 of the Indian Penal Code.
The petitioner is alleged to have knocked at the door of the informant and on her opening the door, tried to catch hold of her for immoral purposes. However, it has been alleged that the petitioner gave a blow on her head leading to cut on the parietal region.
Learned counsel appearing for the petitioner has submitted that the averments made in the FIR is not worthy of acceptance for the simple reason that the
Patna High Court Cr.Misc. No.72102 of 2018(3) dt.11-01-2019 2/2 petitioner is a young boy whereas the informant is a married person living with her family members in the house. In such an event, opening the door on the knock of a person in the wee hours is not acceptable as a correct proposition of fact. Apart from this, it has been submitted that the petitioner has been falsely implicated because of a dispute over demarcation of land. The injuries suffered by the informant are simple in nature caused by hard and blunt substance.
Regard being had to the aforesaid facts as also taking account the clean antecedent of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Supaul/Incharge successor Court in Chhatapur P.S. Case No. 246 of 2018/G.R. No. 1619 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T