Abhinash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3561 of 2018 Arising Out of PS.Case No. -253 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Abhinash Kumar, Son of Parma Mahto, Resident of Village- Lakhanpur, Police Station- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Richa Kumari, Daughter of Umesh Sah, Resident of Village- Lakhanpur, Police Station- Lauriya, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Complaint Case No.253C of 2014 registered for the offences under Sections 465, 354D, 468, 323 and 120B of the Indian Penal Code.

It is alleged that this petitioner fraudulently prepared an affidavit and got signature of the complainant wherein it has been stated that the complainant was intending to marry with the petitioner.

It has been submitted that no offence under Section 468 of I.P.C. is made out. The alleged affidavit has not been brought

Patna High Court Cr.Misc. No.3561 of 2018 (2) dt.05-02-2018 on record or used in order to cheat anybody. The complainant has already married with another person. The petitioner has clean antecedent and so he deserves to be enlarged on bail. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No.253C of 2014, Trial No.3116 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U