Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23173 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== CHANDAN KUMAR Son of Shri Ramashish Das @ Ramashish Ravidas Resident of Village - Erki, P.s.- Belaganj, Distt.- Gaya. (Bihar) 804404 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aaruni Singh, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Belaganj P.S. Case No. 311 of 2018 registered for the offences punishable under Sections 3451, 323 and 354 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a co-villager and next door neighbour of the informant. They had some dispute over petty issues and because of that the present FIR has been lodged making allegation that the petitioner had entered in the house of the informant when she was alone and indulged in teasing her and had assaulted her.

It is submitted that there is no injury report of the victim and so far as assault is concerned, the case has been

Patna High Court CR. MISC. No.23173 of 2019(2) dt.22-07-2019 2/2 registered under Section 323 IPC. It is further submitted that although the FIR is said to be registered on 16.10.2018, it was sent to the court of learned C.J.M., Gaya only on 25.10.2018. It is, thus, submitted that the petitioner has been falsely implicated because of the village rivalry.

Learned APP for the State is present and has opposed the prayer of anticipatory bail.

Considering the facts and circumstances wherein this petitioner is not having any criminal antecedent, he is a covillager of the informant and no injury report is said to be there on record, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Belaganj P.S. Case No. 311 of 2018 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 11, Gaya, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) avin/- U T