Dev Kishore Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1709 of 2020 Arising Out of PS. Case No.-40 Year-2019 Thana- MUNGER COMPLAINT CASE DistrictMunger ====================================================== DEV KISHORE NAYAK S/o- Tulu Nayak Resident of Village- Pitwar, P.O.- Datu, P.S.- Kasmar, District- Bokaro, Jharkhand, at present- Working at Central Industrial Security Force, Home Ministry, Unit Otawhip, Ovara, District- Sonbhadra, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Babali Kumari D/o Sri Manoj Sah Resident of Village- Barki Hathia, P.O. and P.S.- Kharagpur, District- Munger, at present residing at Patel Chowk Situhar, P.S.- Kharagpur, District- Munger, PIN- 811213, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Nath Rai For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 40C of 2019 instituted for the offences punishable under Sections 376, 498A, 312, 494/34 of the Indian Penal Code and Section 4 of POCSO Act. As per complaint case, there is allegation against the petitioner that he was in continuous physical relationship with the complainant and when she asked for marriage he demanded amount. Submission of learned counsel for the petitioner is that he is an Assistant Commandant in C.I.S.F. and earlier he lodged complaint case against complainant and her family members, as they were demanding money from him and one plea or the other the date of marriage was extended and further submitted that family members

Patna High Court CR. MISC. No.1709 of 2020(2) dt.24-01-2020 2/2 of the complainant are in habit of lodging such cases and he is a Government servant and he is ready to abide by any condition that may be imposed on him.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that there is allegation against the petitioner.

In view of above facts and circumstances and also considering the fact that petitioner is a Government servant, as such there is no chance of his absconding and there is case and counter case between the parties, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Munger, in connection with Complaint Case No. 40C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that he has to appear before the trial court as and when required, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T