Munna Kumar @ Munna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80017 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== MUNNA KUMAR @ MUNNA SHARMA S/O Ramdas Sharma Residence of Village - Samo Chak, P.S. - Makhdumpur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Makhdumpur P. S. Case No. 335 of 2019 instituted for the offence under Section(s) 447,452,337,341,342,323,354,354(a),354(b),504 and 506 of the Indian Penal Code.

Petitioner's counsel submits that it is a case of false implication. He has committed no offence and petitioner is innocent. No occurrence as alleged took place. There is dispute between accused and the father of the informant for drain water fall and the father of informant assaulted the accused with iron rod on account of which waist of accused is broken and outrage the modesty with the wife of accused. Petitioner is in custody since 30.07.2019, so it is prayed to release him on bail. The petitioner's counsel has also placed on record the medical

Patna High Court CR. MISC. No.80017 of 2019(2) dt.09-12-2019 2/2 prescription dated 25.07.2019 in support of the aforesaid submissions. The allegations regarding outraging the modesty is highly improbable and unbelievable on account of fact that the informant and petitioner are Gotiyas.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, 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 the SDJM, Jehanabad, in connection with Makhdumpur P. S. Case No. 335 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T