Sushil Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74742 of 2018 Arising Out of PS. Case No.-434 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sushil Das Son of Chandeshwar Das Resident of Village-Lagunia Raghukanth,Ward No.7,P.S. Muffasil Samastipur,Distt.-Samastipur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Ram Pukar Das Son of Late Bechan Das Resident of Village-Lagunia Raghukanth,Ward No.7,P.S. Muffasil Samastipur,Distt.-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner has been summoned to face trial for the offences punishable under sections 323, 341, 354B, 448, 379 and 504 of the IPC on the basis of complaint petition. The accusation against the petitioner and others is that they having entered into house of the complainant not only assaulted the inmates of the house but also made attempt to outrage modesty of daughter-in-law of the complainant. Submission on behalf of the petitioner is that eight days prior to filing of the present complaint case, accused no.4 of the aforesaid complaint case, namely, Ramadhin Das lodged

Patna High Court Cr.Misc. No.74742 of 2018(2) dt.20-12-2018 2/2 Mufassil P.S. case no. 134/2017 against the complainant and others when the complainant and others assaulted accused no.4 Ramadhin Das. It is further submitted by him that, as a matter of fact, in course of inquiry, learned Magistrate sought a report from the police in respect of the present occurrence and thereafter, police after due inquiry, doubted the occurrence of the present complaint case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Samastipur in Complaint case no. 434/2017 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) s.hassan/- U T