Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1797 of 2020 Arising Out of PS. Case No.-705 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Dharmendra Kumar, Son of Rajendra Saw Resident of Village- Near Neha Sweets, East of Suraj Vastralaya, Suraj Mandir Road, Obra, P.S.- Obra, District- Aurangabad (Bihar).

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rakesh Kumar Son of Shri Kashinath Mehta Resident of Village- Rangal Bigaha, Post- Bharthauli, P.S.- Aurangabad (M), District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Complaint Case No.705 of 2018 registered for the offences punishable under Sections 323, 341, 379, 406 and 504 of the I.P.C.

3. Even if the prosecution story assumed to be true, then also it appears that the fact of the present case discloses a civil dispute and so far as the allegation of assault and theft are concerned, the same appears to have been inserted in the complaint petition with an object to make the offence graver.

Patna High Court CR. MISC. No.1797 of 2020(2) dt.28-02-2020 2/2

4. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No.705 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T