Patna High Court - Orders
Pakhandu Hazam @ Govind Kumar Sharma vs The State Of Bihar on 18 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85143 of 2023
Arising Out of PS. Case No.-317 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua)
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Pakhandu Hazam @ Govind Kumar Sharma Son Of Shiv Prakash Hajam R/O
Village- Janardanpur, P.S.- Durgawati, Dist.- Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Mr. Suresh Prasad Singh
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 18-01-2024Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Durgawati P.S. Case No. 317 of 2023, registered for the offences punishable under Sections 341, 323, 354, 509 of the Indian Penal Code.
3. Allegation against the petitioner is of assault to the son of the informant and catching hold of the hair of the informant due to which she fell down and became semi-naked.
4. It is submitted on behalf of the petitioner that both the parties are agnates and on account of petty family dispute a scuffle took place between both sides resulting into case and counter case being Durgawati P.S. Case No. 318 of 2023 instituted by the mother of the petitioner. Further submission has been made that in the said occurrence no serious injuries have been sustained to anyone. Moreover, the petitioner is a man of Patna High Court CR. MISC. No.85143 of 2023(2) dt.18-01-2024 2/2 fair antecedent and he undertakes that he will fully cooperate in the investigation and in the proceeding of the court and would not indulge in such activity in future.
5. On the other hand, learned counsel for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and fact that the injuries sustained to the informant are simple in nature, coupled with the fair antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 317 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/-
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