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Patna High CourtCR. MISC./27608/2020allowed

Ramhit Kumar v. The State Of Bihar

2020-11-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27608 of 2020 Arising Out of PS. Case No.-1926 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== RAMHIT KUMAR S/o Ram Bahadur Rai Resident of Village-Bourban, P.S.- Parihar, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ramchandra Singh S/o Late Ganga Singh Resident of Village and P.S.- Bathnaha, District-Sitamarhi.

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Ms. Mina Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Complaint Case No.C1-1926 of 2017 for the offence under Sections 363, 364 and 365 of the Indian Penal Code. Learned counsel for the petitioner would submit that the final form was submitted in Bathnaha P.S.Case No.294 of 2014 and during the course of investigation, the material has not surfaced to connect the petitioner. The informant side filed protest petition against the submission of final form, however, the protest petition was dismissed on account of lack of evidence, during course of inquiry under Section 203 of the

Patna High Court CR. MISC. No.27608 of 2020(2) dt.25-11-2020 2/2 Cr.P.C.. Again a fresh complaint case has been lodged by the complainant side i.e., Complaint Case No.C1-102 of 2016. The case was registered on 28.11.2017 in which on 17.10.2019, cognizance has been taken.

Considering the aforesaid facts and circumstances, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sitamarhi or the concerned Court in connection with Complaint Case No.C1-1926 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) B.Kr./- U T