Patna High CourtCR. MISC./65435/2019partly allowed disposal

Om Prakash Pandey @ Munna Pandey v. The State Of Bihar

2019-11-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65435 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- DURAULI District- Siwan ====================================================== 1.

OM PRAKASH PANDEY @ MUNNA PANDEY Son of Late Praduman Pandey 2.

Narayan Pandey Son of Harbansh Pandey Both are Resident of Village-Laxman Chak, Police Station-Darauli, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 Learned counsel for the petitioner seeks permission to withdraw this application against petitioner no. 2. The same is allowed. This application against petitioner no. 2 is dismissed as withdrawn.

In so far as petitioner no. 1 is concerned, he apprehends his arrest in connection with Darauli P. S. Case No. 111 of 2019 registered under Sections 307, 323, 324, 341, 354, 379, 504 and 506/34 of the Indian Penal Code.

It has been alleged that petitioner no. 1 caught hold the arm of the informant and tried to outrage her modesty and when she raised alarm, her Dewar Uttam Pandey and father-in-law came to save her, upon which other accused persons including the petitioners assaulted Uttam Pandey. It has further been

Patna High Court CR. MISC. No.65435 of 2019(2) dt.07-11-2019 2/2 alleged that allegation of assault upon Dewar of the informant is against petitioner no. 2.

Learned counsel appearing on behalf of the petitioner no. 1 submits that there is no allegation of assault against the petitioner no. 1 and only allegation against him that he caught hold the informant with an oblique motive.

Having regard to the submissions made by the parties and taking into consideration the fact that there is no allegation of assault against the petitioner no. 1, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJMIII, Siwan in connection with Darauli P.S.Case No. 111 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T