Purushottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71003 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Purushottam Kumar, Son of Satyendra Singh, Resident of VillageMahabirganj, Police Station-Daughter in the District of Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Daudnagar P. S. Case No. 211 of 2018 dated 13.06.2018 instituted for the offences under Sections 341, 323, 307, 379, 447, 504/34 of the Indian Penal Code and Section 4/5 of the Dyan Act.

The petitioner is alleged to have participated in the assault on the informant and her husband when a protest was made by a female member of the house for her being alluded with practicing witchcraft.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.71003 of 2018(3) dt.09-01-2019 2/3 that the occurrence took place on 03.06.2018 whereas the case was lodged after 10 days, i.e., on 13.06.2018. It has further been pointed out by the learned counsel for the petitioner that earlier Daudnagar P. S. Case No. 197 of 2018 dated 05.06.2018 was instituted for offences under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code on the basis of written application filed by the petitioner against the husband as well as the son-in-laws of the informant. The present case is stated to be a counter-blast to the earlier case lodged by the petitioner.

It has also been submitted on behalf of the petitioner that the husband of the informant was suffering from cataract and the loss of eye-sight is not attributable to the petitioner or other accused persons.

Regard being had to the aforesaid facts as also the clean antecedents of the petitioner, the petitioner, abovenamed, 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

Patna High Court Cr.Misc. No.71003 of 2018(3) dt.09-01-2019 3/3 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 Sub-Divisional Judicial Magistrate , Daudnagar, Aurangabad in connection with Daudnagar P. S. Case No. 211 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U