Kumar Ankit @ Kundan Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32655 of 2020 Arising Out of PS. Case No.-486 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ============================================== 1.

KUMAR ANKIT @ KUNDAN KUMAR BHARTI S/o- Late Madan Mohan Singh R/o Village- Neemanchandpura, P.S.- Neemanchandpura, DistrictBegusarai. 2.

Sanjiv Kishore @ Sanju Singh S/o Late Narayan Singh R/o VillageNeemanchandpura, P.S.- Neemanchandpura, District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar 2.

ROZI KUMARI W/o- Rahul Kumar R/o Village- Neemanchandpura, P.S.- Neemanchandpura, District- Begusarai.

... ... Opposite Parties ============================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr.Udbhav, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 486 (C) of 2020 in which cognizance has been taken under Sections 323, 341, 447, 453, 454, 354(B), 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.32655 of 2020(2) dt.22-02-2021 2/3 The allegation against the petitioners is of having tried to molest the opposite party no. 2.

Learned counsel for the petitioner has submitted that the case is absolutely false as there is a reason behind the implication of the petitioners and others. Sometimes prior to the alleged occurrence, the opposite party no. 2 had filed a case against the mother of the petitioners alleging that even though she had accepted money for transferring a parcel of land to her but neither did she transfer the land nor was ready to return the money. The aforesaid complaint was dismissed by the court below, which order has been annexed as annexure -3 to this petition. One of the witnesses, who deposed against the petitioners in the inquiry under section 202 of the Cr.P.C., is also having litigation with the mother of the petitioners and a proceeding under Section 107 Cr.P.C is pending, in which he is a party. Mr. Thakur has further informed this Court that a supplementary affidavit has been filed yesterday in the Registry stating that the mother of the petitioners had earlier filed a case against the opposite party no. 2 and others for

Patna High Court CR. MISC. No.32655 of 2020(2) dt.22-02-2021 3/3 having forged her signature for the purposes of creating a document for transfer of a land belonging to her. Considering the afore-noted facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Begusarai, in connection with Complaint Case No. 486 (C) of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T