Patna High CourtCR. MISC./5445/2018bail granted

Dilip Sada v. The State Of Bihar

2018-02-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5445 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -MAHESI District- SAHARSA ====================================================== Dilip Sada S/o Umesh Sada, R/o Village- Baghaur, P.S.- Mahishi, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner. No body appears on behalf of the State.

The petitioner seeks pre-arrest bail in connection with Mahishi P.S. Case No.191 of 2017 registered under Sections 341, 342, 323, 354B, 379, 504 and 506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that it would be evident from the FIR that the informant has fabricated the present case by giving out absurd details of the event. He submitted that the informant's mother-in-law, namely, Munni Devi had contested the election for the post of Member, Panchayat Samiti from Naharbar Panchayat and the mother of the petitioner, namely, Manju Devi had also contested the election for the post of Panch and in the said election despite request made by

Patna High Court Cr.Misc. No.5445 of 2018 (2) dt.02-02-2018 2/2 the mother-in-law of the informant, the petitioner and his family members did not support her candidature nor casted votes in her favour, which resulted into serious enmity between the two families and the present case is outcome of the same. Considering the nature of offence and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released 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 Sub Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.191 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T