Debraj Kundan @ Kundan @ Devraj Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22135 of 2019 Arising Out of PS. Case No.-653 Year-2018 Thana- COMPLAINT CASE District- Banka ====================================================== DEBRAJ KUNDAN @ KUNDAN @ DEVRAJ KUNDAN, Son of Munna Ramani R/o village- Chandan Dhobi Tola, P.O.- Chandan, P.S.- Chandan, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi, Wife of Bhushan Rajak, R/o village- Chandan Dhobi Tola, P.O.- Chandan, P.S.- Chandan, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 653 of 2018, disclosing offences under Sections 323, 379 and 376 of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioner has submitted that though the complaint petition was filed alleging commission of offence under Section 376 of the Indian Penal Code, the learned Court below has taken cognizance under Sections 323, 380 and 354 of the Indian Penal Code. It has also been submitted that since there is no question of police investigation and the prosecution is based on a complaint case,

Patna High Court CR. MISC. No.22135 of 2019(2) dt.09-04-2019 2/2 no tangible purpose is going to be served if the petitioner is taken into custody. Learned Counsel for the petitioner has also submitted that the petitioner shall present himself before the Court below as and when required.

Considering the above submissions, this application is allowed.

Let the petitioner, namely, Debraj Kundan @ Kundan @ Devraj Kundan, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, IInd Class, Banka, in connection with Complaint Case No. 653 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the 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.) Prabhakar Anand/- U √ T √