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Patna High CourtCR. MISC./40588/2018rejected

Rajendra Pandit @ Kalua @ Rajender v. The State Of Bihar

2018-09-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40588 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== RAJENDRA PANDIT @ KALUA @ RAJENDER S/o Babu Lal Pandit, R/o Vill.- Chandwar Hat, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Bahadurganj P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 341, 323, 324, 307, 354(B) and 379 of the Indian Penal Code. Informant in his written report has stated that when his wife was cutting grass from the Maize field, suddenly petitioner along with Sunil Pandit came and after closing her mouth pushed on earth and tried to outrage her modesty. Thereafter informant's wife raised alarm on account of which accused persons gave Hasua blow on her throat due to which blood started oozing and they fled away.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely

Patna High Court Cr.Misc. No.40588 of 2018(3) dt.05-09-2018 2/2 implicated in this case due to land dispute. It has been further submitted that nothing incriminating has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 03.04.2018. Considering the facts and circumstances of the case and seeing the gravity of offence, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

Subject to the aforesaid observation, this application is disposed of.

(S. Kumar, J) ranjan/- U