Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14861 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -KOTWALI District- MUNGER =====================================

1. Anand Kumar, Son of Late Kishore Mandal, resident of village - Sherpur, Police Station - Kotwali, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Ranjan, Adv. For the Opposite Party/s : Mrs. Nirmala Kumari (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kotwali P.S. Case No.48 of 2016, disclosing offences under Sections 354 (B) and 379 of the Indian Penal Code.

It is alleged against the petitioner that with bad motive he had dragged the informant and snatched from her an amount of Rs.20,000/-. On alarm having been raised, one Nandu Mandal, came to her rescue.

Patna High Court Cr.Misc. No.14861 of 2016 (5) dt.13-07-2016 2/3 Learned counsel for the petitioner has submitted that it was mainly because of dispute between the petitioner and the informant, over certain amount, which was to be paid by the informant to the petitioner against supply of garments, a false case has been instituted. He has further submitted that the allegation of snatching an amount of Rs.20,000/- has been falsified in course of investigation. He has also submitted that no offence, under Section 354 (B) of the Indian Penal Code, is made out on the basis of allegations made in the First Information Report.

Learned counsel for the petitioner appears to be, prima facie, correct in his submission.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No.48 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.14861 of 2016 (5) dt.13-07-2016 3/3 petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T