Rupesh Kumar @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13868 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== RUPESH KUMAR @ RITESH KUMAR Son of Makhan Mandal Resident of Village - Nanhakar, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 120(B), 447, 448, 380, 384, 504/34 of the Indian Penal Code.

Allegedly, while the inflormant was sleeping with her daughter, the accused persons came to her house and took ornaments worth Rs. 6500/- It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No. 13868 of 2020(2) dt.26-06-2020 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to village politics. The date of occurrence is said to be 31-01-2019 and the complaint case has been filed on 19-02-2019. The delay in instituting the FIR has not been explained by the prosecution. On the basis of said complaint case, the FIR was instituted u/S 156(3) of the Cr.P.C. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur in connection with Parbatta P.S. Case No. 34 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No. 13868 of 2020(2) dt.26-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T