Umapati Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.1523 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1523 of 2015 Arising Out of PS.Case No. -320 Year- 2013 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Umapati Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Bihari Singh For the Opposite Party/s Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Kochaikat P.S. Case no. 320/2013 registered under sections 364 and 365 of the IPC.

The accusation against the petitioner is that he along with other accused kidnapped informant's wife.

Admittedly, instant case has been registered on the basis of complain filed by the informant.

The contention on behalf of the petitioner is that prior to institution of the present case, informant's wife lodged Kochaikat P.S. Case no. 58/2013 which was investigated by the police and after due investigation, police found accusation untrue and accordingly, final form was submitted and thereafter, informant and his associates assaulted the petitioner for which the petitioner lodged Kochaikat P.S. Case no. 187/2013 against the informant of the present case and others

Patna High Court Cr.Misc. No.1523 of 2015 (2) dt.15-01-2015 and in retaliation to the aforesaid Kochaikat P.S. Case no. 187/2013, informant lodged the present case with false allegation. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that the petitioner does not have any criminal antecedent, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Kochaikat P.S. Case no. 320/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T