Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40572 of 2018 Arising Out of PS.Case No. -89 Year- 2016 Thana -PATNA COMPLAINT CASE District- PATNA ======================================================

1. Sanjay Kumar, S/o Sarobar Ray @ Sarobar Dhandhi, At present Resident of Village Kiritchak, Police Station Bhadaur, District- Patna, Permanent Address resident of village- Dhanakdobh, Police StationGhoshvari, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rina Devi, Wife of Kajal Rai, R/o Village- Kirtichak, P.S.- Bhadaur, District- Patna.

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.89 © of 2016 , registered for offences punishable under Sections 323, 354, 448 of the Indian Penal Code.

Allegation against the petitioner is that he thrashed the complainant on the ground and torn her blouse. Submission of the learned counsel for the petitioner is that earlier to that in the year, 2015, he had lodged a case for cheating against the informant and for that the present case has been lodged.

Patna High Court Cr.Misc. No.40572 of 2018 (2) dt.13-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh, Patna in connection with Complaitn Case No.89 (C ) of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T