Krishna Bihari @ Krishna Bihari Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.9378 of 2015 (2) dt.10-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9378 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================
1. Krishna Bihari @ Krishna Bihari Kumar Son of Suresh Rai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dumara P.S. Case No. 83 of 2014 registered for the offences punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code.
Petitioner is named in the first information report on the accusation that he used to tease the informant but submission on behalf of the petitioner is that the present case was lodged on account of previous enmity and after institution of the present case when the informant and her family members realized their fault, they entered into compromise and a compromise petition was filed in the court of Chief Judicial Magistrate, Sitamarhi. Considering the aforesaid facts and circumstances as
Patna High Court Cr.Misc. No.9378 of 2015 (2) dt.10-03-2015 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 four 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 the Chief Judicial Magistrate, Sitamarhi in Dumara P.S. Case No. 83 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. Furthermore, if the court below finds that no compromise petition had been filed in the above stated case, the petitioner shall be taken into custody and thereafter, his regular bail petition shall be disposed of on its own merit without being prejudiced by this order.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T