Shiv Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68856 of 2018 Arising Out of PS. Case No.-188 Year-2018 Thana- ITARHI District- Buxar ====================================================== Shiv Narayan Ram, son of Shri Nath Ram, Resident of Village- Bagahi, Police Station- Itarhi, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Itarhi P.S. Case No.188 of 2018 registered under Sections 341, 323, 447, 379 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the case has been instituted in retaliation to Itarhi P.S. Case No.187 of 2018 registered inter alia under Section 354B of the Indian Penal Code and Section 27 of the Arms Act on the basis of written report submitted by the wife of the petitioner, namely, Somari Devi against the informant of the present case. It is further contended that from perusal of the FIR itself it would transpire that no injury was found to any person in the alleged incident.

Patna High Court Cr.Misc. No.68856 of 2018(2) dt.19-12-2018 2/2 Considering the submissions made by the learned counsel for the petitioner as also in the facts and circumstances of the case, in the event of arrest or surrender before 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 Additional Chief Judicial Magistrate-II, Buxar in connection with Itarhi P.S. Case No.188 of 2018 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