Lal Mohan Mukhiya v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17791 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17791 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Lal Mohan Mukhiya Son of Jagdish Mukhiya Resident of Village- Sohas, P.S. Bisfi(Patna), District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tara Devi Wife of Sri Moti Mukhiya Resident of Village- Suhas, P.S. Bisfi (Patanna), District Madhubani.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.116 of 2017 registered under Sections 323, 379, 447, 354(B), 504, 427 of the Indian Penal Code.

The complainant filed Complaint Case No.601 of 2015 but the same was dismissed for non-prosecution. The complainant again filed this complaint case on 17.04.2017. The occurrence took place due to land dispute. Jaya Devi and the petitioner, Lal Mohan Mukhiya are alleged to have dragged the complainant and petitioner is also alleged to have torn the under garments of the complainant. He submitted that occurrence took place due to land

Patna High Court Cr.Misc. No.17791 of 2018 (2) dt.05-04-2018 dispute.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned 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 learned A.C.J.M., Benipatti, Madhubani in connection with Complaint Case No.116 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T