Patna High CourtCR. MISC./19710/2016bail granted

Swarnjeet Kumar @ Sarvajeet Kumar v. State Of Bihar And ANR

2016-05-20Mr. Justice Rakesh Kumar2 pages

Patna High Court Cr.Misc. No.19710 of 2016 (2) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19710 of 2016 Arising Out of PS.Case No. -1293 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Swarnjeet Kumar @ Sarvajeet Kumar Son of Ramdas Ram, resident of Mohalla - Saidpur Kothiyan, Nala Par, Police Station Digha, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Tanya, Daughter of Shri Shankar Prasad, resident of Mohalla - Saidpur Kothiyan, Police Station Digha, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-05-2016 Heard Sri Manish Kumar no.2, learned counsel for the petitioner and Sri Madhuranand Jha, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Complaint Case no.1293( C) of 2015 registered for the offence under Sections 354, 452, 380, 323, 427, 504, 506 and 34 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that the present complaint was filed in retaliation due to the reason that the petitioner had earlier filed a complaint case no.1235(C ) of 2015 against father of the present complainant and

Patna High Court Cr.Misc. No.19710 of 2016 (2) dt.20-05-2016 her brothers for offence under Sections 323, 392/34, 384, 504 of the Indian Penal Code and under the provisions of SC/ST Act. The said complaint was filed on 24.03.2015 and only after noticing the fact regarding filing of complaint petition, Opp.Party no.2 filed the present complaint on 30.03.2015 regarding an occurrence, which had taken place on 23.03.2015.

Besides hearing learned counsel for the parties, I have also perused the materials available on record. In view of facts and circumstances, let the petitioner, namely Swarnjeet Kumar @ Sarvajeet Kumar, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Shourav Kumar Verma, learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case no.1293 ( C) of 2015, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U