Devendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65566 of 2019 Arising Out of PS. Case No.-487 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== DEVENDRA SAH S/o Late Bhutan Sah R/o village- Maniyari, P.S.- Punaura (Sitamarhi), District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay, Adv For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341,323,448,354(b),363,511,500,504,506/34 of the Indian Penal Code.

According to FIR, the informant had signed on a no confidence motion against the petitioner who was Vice Chairman of the District Board. For that reason, the petitioner allegedly on telephone call abused to the informant and threatened her in different ways to ensure her favour to the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65566 of 2019(3) dt.13-12-2019 2/2 petitioner has got a criminal antecedent of trivial nature of offence of the Penal Code and in that case petitioner is already on bail and real dispute is that informant had taken loan from the petitioner and one Baiju Parsad by executing a document at Annexure-5 and she was not returning the same after expiry of the period agreed. Just to pressurize, false case has been lodged. Considering the background of allegation and nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sitamarhi P.S.Case No.487 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.