Bipin Kumar Vimal @ Tipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18014 of 2024 Arising Out of PS. Case No.-689 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Bipin Kumar Vimal @ Tipu S/o Sanjeev Prasad @ Sanjeev Kumar R/oMachhaldiha, Near Hanuman Temple, Machhaldiha, Nalanda-803111 (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuranjan Kumar S/o Rooplal Singh Presently residing at INCC (Deptt.), Rajendra Nagar Terminal, P.S.- Kadamkuan, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Mr. Kanika Mr. Pankuri For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 494, 497, 498A, 384, 386, 379, 341, 342, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that informant and petitioner are friends from before and when the informant came to Patna, it was the petitioner who had got him a house on rent. It is further submitted that informant after some times started suspecting that his wife was having illicit relationship with the petitioner. It is further submitted that the suspicion of the informant became grave when he met with an

Patna High Court CR. MISC. No.18014 of 2024(2) dt.05-04-2024 2/3 accident while going to office on his motorcycle as it came to his notice subsequently that some parts of the motorcycle was removed which led to the occurrence and accordingly steel rod was inserted. It is further submitted that the informant had purchased a house in the name of his wife but the petitioner being in illicit relationship with his wife intended to get the said house transferred in his name and accordingly he got an amount of Rs. 3 Lakhs transferred from the account of the wife of the informant in the account of the brother of the petitioner.

4. Learned counsel for the petitioner further submits that it absolutely does not stand to reason that as to what the informant intends to allege. It is next submitted that entire allegation hinges around suspicion as the informant suspects that his wife is in relationship with the petitioner, but then from the allegation as alleged in the FIR, it does not manifest that the informant, apart from suspicion has brought anything on record, to suggest about the relationship of his wife with the petitioner. It is also submitted that the wife of the petitioner had transferred an amount of Rs. 3 Lakhs in the bank account of the brother of the petitioner then how the same would be construed that petitioner had any intention of getting the house purchased in name of the wife of the informant transferred in his name. It is

Patna High Court CR. MISC. No.18014 of 2024(2) dt.05-04-2024 3/3 next submitted that it appears that since the informant is harbouring grudge against his wife, as such, the present false case came to be instituted with exaggerated allegation. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 Kadamkuan P.S. Case No. 689 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T