Mithu Kumar @Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10127 of 2019 Arising Out of PS. Case No.-4 Year-2016 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Mithu Kumar @VIVEK Kumar, Son of Raj Kumar tiwari Resident of Village -Malpur, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramakant Tiwari, Son of late Dashrath Tiwari Resident of Village -Malpur, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Complaint Case No.4 of 2016, arising out of Patepur P.S. Case No.141 of 2015, for the offence punishable under Sections 376, 511 of the Indian Penal Code.

The allegation against the petitioner is that petitioner along with other accused persons tried to commit rape upon the minor daughter of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties. Learned counsel further submits that the police investigated the matter and referring to Annexure-2 series which is a final report submitted by the

Patna High Court CR. MISC. No.10127 of 2019(9) dt.17-10-2019 2/2 police, submission is that police after investigation has submitted a charge-sheet under Section 504 of IPC which is bailable.

Having regard to the submissions made by the parties and taking into consideration the fact that there appears to be previous animosity between the parties and police after investigation has submitted charge-sheet against the petitioner under Section 504 of IPC only, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T