Patna High CourtCR. MISC./48202/2018bail granted

Moon Mian @ Munnu Mian @ Md. Sarvar v. The State Of Bihar

2018-08-23Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48202 of 2018 (2) dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48202 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -GURARU District- GAYA ======================================================

1. Moon Mian @ Munnu Mian @ Md. Sarvar Son of Late Kamruddin Mian Resident of Village - Bandari, Diha Tola, P.S. - Guraru, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.Veer For the Opposite Party/s : Mr. U.N.Pandit. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 Heard the parties.

Petitioner is apprehending his arrest in Guraru P.S.Case No.83 of 2017 registered for the offences under Sections 147, 149, 323, 341, 325, 354, 504 and 506 of the I.P.C. Allegation against the petitioner is of assault with lathi on the informant and further allegation of outraging modesty of his family.

Submission of the learned counsel for the petitioner is that the impugned order itself shows that the allegation of outraging modesty is ornamental in nature and injury report is not available on the record.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.48202 of 2018 (2) dt.23-08-2018 circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.,-V, Gaya, in Guraru P.S. Case No.83 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond. (Vinod Kumar Sinha, J) AnilKrSinha/- U