Sadhu Sah @ Chandeshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.566 of 2024 Arising Out of PS. Case No.-951 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sadhu Sah @ Chandeshwar Kumar aged about 25 years, son of Devi Lal Sah Village- Siswa, P.S.- Banjariya, Distt- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 354a/354b/379/504/506/34 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, petitioner caught hand of the informant while she was on way to meet her sister. He dragged her and started doing indecent act. Petitioner tore her clothes and when her daughter came in rescue, petitioner and other accused persons assaulted her and also snatched her mangalsutra and ear ring.
4. Learned counsel appearing for the petitioner submits that the parties are neighbourers. Petitioner is innocent and has falsely been implicated in this case due to land dispute
Patna High Court CR. MISC. No.566 of 2024(2) dt.07-02-2024 2/2 regarding pathway. This case is counter blast of Turkauliya Banjariya Police Station Case No. 959/2023. F.I.R. has been lodged after delay of two days without any explanation which renders the entire prosecution case doubtful. Though there is allegation of assault but no injury report is on the record. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Motihari, East Champaran in Turkauliya Banjariya Police Station Case No. 951 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T