Vijay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39255 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Vijay Singh, son of Late Chandrika Singh, resident of village- Parariya, Police Station- Nardiganj and District- Nawada. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anita Devi, wife of Raqkesh Kumar, resident of village- Parariya, Police Station- Nardiganj and District- Nawada.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh,APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Protest Complaint Case No. 103 of 2014, disclosing offences under Sections 376 and 511 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that earlier on the basis of a complaint case lodged by the complainant, an FIR was instituted under Section 156(3) Cr.P.C. The police after investigation submitted final report finding the accusation not to be true. On the basis of protest petition filed by the informant thereafter, the court has

Patna High Court Cr.Misc. No.39255 of 2015 (2) dt.28-09-2015 2/2 taken cognizance and, therefore, the petitioner apprehends arrest in connection with the said case.

Considering the fact that the police after investigation submitted final report and cognizance has been taken on the basis of protest petition, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the Court below within six weeks from today, 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 Chief Judicial Magistrate, Nawada in Protest Complaint Case No.103 of 2014, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T