Patna High CourtCR. MISC./760/2016bail granted

Gunjan Kumar v. The State Of Bihar

2016-01-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.760 of 2016 Arising Out of PS.Case No. -460 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Gunjan Kumar son of Bindeshwar Sah, resident of village- Bilandpur, P.S.- Mahua, District- Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Satendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Mahua P.S. Case No.460 of 2015 registered under Sections 323, 354, 448, 342 and 379/34 of the Indian Penal Code. It is contended that there was a dispute between the parties with regard to family partition and the informant has lodged the present case on the basis of false and fabricated allegation implicating the entire family members with a view to put pressure upon them to settle the dispute in her favour as per her will. It is further contended that the petitioner happens to be brother-in-law (Dewar) of the informant and allegation made under sections 354, 448 and 379 of the Indian Penal Code is

Patna High Court Cr.Misc. No.760 of 2016 (2) dt.14-01-2016 2/2 ornamental in nature.

Learned counsel for the State has opposed the prayer for grant of anticipatory bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S.Case No. 460 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T