Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24434 of 2019 Arising Out of PS. Case No.-479 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== KANCHAN KUMAR Son of Ram Varan Yadav Resident of Village - Nilampar (Jagdishpur Lilam), P.S.- Parasbigha, District- Jehanabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anju Devi Wife of Chintu Kumar Resident of Village - Nilampar, P.S.- Parasbigha, District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 479 of 2017, disclosing offences under Sections 323,341,354,379,504 of the Indian Penal Code. There is allegation by the complainant that the petitioner attempted to outrage her modesty. Mother-in-law of the complainant has been examined under Section 164 of the Code of Criminal Procedure, 1973, from which it is evident that the petitioner is first cousin of the husband of the complainant. The occurrence is alleged to have taken place on 03.08.2017 for which the complaint case has been registered on 07.08.2017. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.24434 of 2019(2) dt.17-04-2019 2/2 has submitted that family dispute concerning partition between the parties is the reason behind the occurrence. Be that as it may, considering the nature of accusation, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Jehanabad in Complaint Case No. 479 of 2017, 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) arun/- U