Chandan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22007 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandan Sao Son of Nandey Lal Sao, resident of village- Sahari, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi Wife of Murari Saw, resident of village- Sahari, P.S.- Barh, District- Patna.

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 299(C)/2019 registered for offences under sections 323, 324, 325 354, 379, 504, 34 of the Indian Penal Code.

In the complaint case, a serious allegation has been made of assaulting and misbehaving with the informant. Learned counsel for the petitioner submits that one day before for the same incident, an FIR has been lodged and on the next day, they rushed to the police station itself shows the mindset of the informant. In fact, nothing has happened, but to

Patna High Court CR. MISC. No.22007 of 2020(2) dt.17-08-2020 2/2 settle the score with the petitioner, the false case has been lodged.

From the submission of the counsel for the petitioner it reflects that the police has done nothing with respect to the FIR which is still pending, but from the allegation made in the complaint petition, this Court is of the view not to grant the relief of the anticipatory bail. However if the petitioner surrenders before the court below within eight weeks from today and prays for regular bail, the court below, preferably on the same day, will take into consideration on every aspect of the matter and take decision in accordance with law without being prejudiced of this order.

With the above observation and direction, this bail application is dismissed.

This order has been passed in presence of Mr. Mritunjay Kumar Nirala, learned counsel for the State. (Shivaji Pandey, J) Mahesh/- U T