Pappu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84664 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== PAPPU PANDIT Son of Late Lal Bahadur Pandit Resident of Village - Macchagar Jagdish, P.O. and P.S.- Hathua, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Upadhyay, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 341, 323, 325 & 354 of the Indian Penal Code.

As per allegation in the FIR, the petitioner is alleged to have outraged the modesty of the informant while she had gone to ease herself near her house.

It is submitted by learned counsel for the petitioner that from the FIR, it would be evident that the petitioner happens to be the brother-in-law (Devar) of the informant. It is further submitted that there is dispute between the parties relating to joint family property and which has resulted in filing of complaint case, proceeding under section 107 Cr.P.C. and other disputes in the past. It

Patna High Court CR. MISC. No.84664 of 2019(2) dt.19-12-2019 2/2 is further submitted that from Annexure-2 series it would transpire that the alleged injuries have been found to be simple in nature. Having heard learned counsel for the parties and taking into consideration the nature of allegation, the relationship between the accused and the informant and the past disputes between the family members, the court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Hathua P.S. Case No.136 of 2019 is directed to 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 the learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash Narayan /- U T