← Library
Patna High CourtCR. MISC./9853/2020allowed

Ram Nath Roy @ Ram Nath Rai v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9853 of 2020 Arising Out of PS. Case No.-766 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Ram Nath Roy @ Ram Nath Rai Son of Late Yogendra Rai Resident of Village- Sarariya, P.S.- Lalganj, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deepak Kumar Yadav Son of Sri Chandeshwar Yadav Resident of VillageAmritpur, P.S.- Vaishali, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Complaint Case No. 766 of 2018 for the offence under sections 380 and 406 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner has no criminal antecedent.

Allegation against this petitioner is that he has stolen golden chain and case of Rs. 50,000/- from the house of the complainant.

Learned counsel submits complainant side lodged complaint Case No. 766 of 2018 and after enquiry the Court has taken cognizance for the offence under section 380 and 406 of the Indian Penal Code against this petitioner. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.9853 of 2020(2) dt.29-02-2020 2/2 petitioner submits that petitioner has filed complaint case no. 2590 of 2018 dated 14.9.2018 in which cognizance has been taken for the offence under sections 341, 323, 504, 420, 467, 468/34 of the Indian Penal Code. In addition thereto, there is Title Suit pending between the parties bearing Tile Suit No. 1167 of 2018.

Considering the fact that petitioner stayed in the house of the complainant, appears to be unreliable, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned learned Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 766 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U