Dwarika Sah @ Dwarika Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48321 of 2018 Arising Out of PS.Case No. -134 Year- 2013 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dwarika Sah @ Dwarika Prasad Son of late Briksha Sah Resident of Village- Senwaria, P.S. Kangali, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No. 134/2013, registered for the offences punishable under Sections 147, 149, 323, 420, 387, 379 and 354 of the Indian Penal Code.

Informant in her written complaint has alleged that she came to know that petitioner along with other named accused were preparing paper for registry of land falling in her share. On protest, the accused persons assaulted her with fist and slaps. It has been submitted that after investigation police submitted charge-sheet against the petitioner, upon which court below took cognizance against petitioner and issued summon for

Patna High Court Cr.Misc. No.48321 of 2018 (2) dt.18-09-2018 2/3 his appearance. Petitioner has falsely been implicated in the case due to land dispute. Petitioner and informant are Gotiya. Petitioner is a government teacher and at the time of occurrence he was at Primary School.

Considering the facts aforesaid, the petitioner abovenamed, 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 134/2013, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

Patna High Court Cr.Misc. No.48321 of 2018 (2) dt.18-09-2018 3/3 (3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T