Kapoor Chand Sharma@Kapoor Chan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36684 of 2019 Arising Out of PS. Case No.-2495 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== KAPOOR CHAND SHARMA@KAPOOR CHAN SHARMA Son of Yogendra Sharma @ Jogendra Sharma Resident of Village - Mohana, P.S.- Kadwa, Distt - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Kumari D/o Late Sahdeo Sharma Resident of Village - Mohana, P.S.- Kadwa, Distt - Katihar.

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2495 of 2018 registered under Sections 376 and 511 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that petitioner is quite innocent and has falsely been implicated in the present case only to harass with ulterior motive. Further submission is that though there is allegation of committing rape against the petitioner on 21.01.2018, but no F.I.R. has been lodged. He further submits that in the instant case, the Complaint Case is filed on

Patna High Court CR. MISC. No.36684 of 2019(2) dt.25-06-2019 2/2 19.10.2018 and the victim has not been medically examined. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, Katihar in connection with Complaint Case NO. 2495 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T