High Court Patna High Court - Orders

Amit Kumar Singh vs State Of Bihar on 7 July, 2010

Patna High Court – Orders
Amit Kumar Singh vs State Of Bihar on 7 July, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.19322 of 2010
                     Amit Kumar Singh, son of Yogendra Singh, resident of
                     Village- Barawna, P.S. Chainpur, District- Kaimur,
                     Current address- Bhabua Ward No. 3, South From
                     Co-operative Bank, P.S. Bhabua, District-Kaimur (Bhabua).
                                                                ....Petitioner.
                                                  Versus
                     The State of Bihar ............................Opposite Party.
                                                -----------

3. 07. 07. 2010. Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection

with Complaint Case No. 180 of 2010, registered under Sections

354, 379, 323 and 504 of the Indian Penal Code.

The petitioner is alleged to have misbehaved with the

complainant with intention to rape, assaulted and snatched her

ornaments. Cognizance has been taken under Section 354 I.P.C.

instead of 376/511 of I.P.C.

Submission of the learned counsel for the petitioner is

that allegation of theft is superfluous and dispute is there in between

the parties regarding land, even then bail is refused appears non-

application of mind by the learned Sessions Judge.

In the facts and circumstances of the case, the above

named petitioner, in the event of his arrest or surrender within a

period of one month from today, shall 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 Chief

Judicial Magistrate, Kaimur at Bhabua, in connection with

Complaint Case No. 180/2010, subject to the conditions as laid

down under Section 438 (2) of Cr.P.C.

          m.p.                                ( Mandhata Singh, J.)