Dhiraj Kumar@Dheeraj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73220 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== Dhiraj Kumar @ Dheeraj Kumar Sah Son of Sanjay Prasad Resident of Muhalla- Gandhi Nagar, Ward No. 9, Raxaul, P.S.- Raxaul, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354 and 506 of the Indian Penal Code. The prosecution case as per the written report of Arun Kumar Pandey submitted to the Station House Officer of Raxaul Police Station is to the effect that on 15.07.2019 the daughter of the informant was going to school, in the meantime, the petitioner caught hold of her both the hands and slapped her and it is further alleged that earlier also, the petitioner had harassed the daughter of the
Patna High Court CR. MISC. No.73220 of 2019(3) dt.06-03-2020 2/3 informant.
It is submitted by learned counsel for the petitioner that in the background of dispute with regard to loan amount, the accusation has been levelled and there is no medical report on record to corroborate the accusation. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that the accusation of assaulting the daughter of the informant is specific against the petitioner.
Considering the nature of accusation and the fact that there is no medical report on record to corroborate the accusation, coupled with the statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Raxaul at Motihari, District - East Champaran in connection with Raxaul P.S. Case No. 252
Patna High Court CR. MISC. No.73220 of 2019(3) dt.06-03-2020 3/3 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T