Abhimanyu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30200 of 2014 Arising Out of PS.Case No. -13 Year- 2013 Thana -MAHILA P.S. District- SITAMARHI ====================================================== Abhimanyu Kumar, Son of Sri Bindu Prasad, Resident of Village - Sursand, P.S. Sursand, Dist.-Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Sitamarhi Mahila P.S. Case No. 13 of 2013 registered for the offences punishable under Sections 341, 323, 494, 498(A) of the Indian Penal Code, seeks the privilege of pre-arrest bail. At the very outset, it has been submitted that the informant has lodged complaint case, which was sent for investigation and the police after completion of investigation submitted Final Form No. 12/13 dated 06.01.2013 and the learned Chief Judicial Magistrate accepted the final report but converted the protest into complaint and thereafter again the informant filed this case against the petitioner and in that case, she is not pursuing.
Patna High Court Cr.Misc. No.30200 of 2014 (2) dt.21-01-2015 Earlier case was also under Section 498A, 376 and other allied Sections of the Indian Penal Code and as such, in this case, the petitioner being falsely implicated, deserves sympathetic consideration, to which the learned A.P.P. fairly submits that earlier case lodged was ended in final form.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 13 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J.) Vats/- U T