Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6752 of 2024 Arising Out of PS. Case No.-2654C Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== GAUTAM KUMAR S/O- RAJ KISHORE PRASAD R/O- VILLAGEJAMUARA, P.S.- CHIKSAURA, DIST.- NALANDA, PIN- 801302, AT PRESENT RESIDING AT MAHAVEER COLONY, EAST ASHOCHAK, P.S.- RAMKRISHNA NAGAR, DIST.- PATNA, PIN- 800007 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
MOST. SANGITA SAHI W/O- LATE MANI KUMAR RAI R/OMOHALLA- SAKARPURA, P.S.- HASANPURA ROAD, DIST.- SAMASTIPUR, AT PRESENT RESIDING AT MOHALLA- INDRAPURI, ROAD NO.- 0, P.S.- PATLIPUTRA, DIST.- PATNA, PIN- 800024. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Mr. Shashi Shekhalrl Kr. Prasad For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State and the O.P. No. 2 appears in person.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 465, 466, 467, 468, 471, 474, 420, 504, 506, 427 and 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is son of Raj Kishore Prasad and husband of Munni Kumari. It is next submitted that Raj Kishore Prasad and Munni Kumar had approached this Court seeking anticipatory bail by
Patna High Court CR. MISC. No.6752 of 2024(4) dt.28-06-2024 2/3 filing Criminal Miscellaneous No. 10269 of 2024 and the same was allowed by an order dated 13.05.2024.
4. It is next submitted that the dispute is purely civil to which a criminal colour has been given. It is further submitted that the facts of the case has been recorded in detail in the order dated 13.05.2024 in Criminal Miscellaneous No. 10269 of 2024. It is thus submitted that the petitioner be also granted the privilege of anticipatory bail seeking parity with Raj Kishore Prasad and Munni Kumari.
5. The Opposite Party No. 2 (Sangita Sahi) fairly submits that since Raj Kishore Prasad and Munni Kumari have been granted the privilege of anticipatory bail, as such, she is not opposing the anticipatory bail application of the petitioner, but then submits that after being granted the privilege of anticipatory bail, the petitioners of Criminal Miscellaneous No. 10269 of 2024 are not appearing on regular basis before the learned Trial Court, as such, the trial is being delayed. It is also submitted that in the event if the present petitioner is granted the privilege of anticipatory bail, in that event efforts would be made to delay the case.
6. The learned counsel appearing on behalf of the petitioner submits that petitioner along with his family members
Patna High Court CR. MISC. No.6752 of 2024(4) dt.28-06-2024 3/3 will co-operate in the case and will not seek unnecessary adjournments in the criminal case.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2654 (C) subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. However, the learned Trial Court would be at liberty to cancel the bail bonds of the petitioner, in the event if it comes to a conclusion that petitioner is trying to delay the case in any manner.
9. Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T