Patna High CourtCR. MISC./29424/2015bail granted

Umesh Choudhary v. The State Of Bihar

2015-10-08Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29424 of 2015 Arising Out of PS.Case No. -1927 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ====================================================== Umesh Choudhary Son of Tapo Choudhary @ Tapeshwar Choudhary, Resident of village- Jalai Dostani, P.S.- Sikandra, District Jamui .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. H.A.Khan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1927(c) of 2013 in which cognizance has been taken under Sections 376 and 511 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of the fact that the petitioner had lodged an FIR against the husband of the present complainant on 13.12.2013, which date is said to be the date of occurrence of the present case. Learned counsel further submits that all the witnesses, who are named in the present complaint petition, are accused in the aforementioned

Patna High Court Cr.Misc. No.29424 of 2015 (3) dt.08-10-2015 FIR filed by the petitioner. Learned counsel for the petitioner has also drawn my attention to the fact that with regard to the occurrence dated 13.12.2013 the complaint case has been lodged as an after thought on 16.12.2013 for which no plausible explanation has been offered.

Considering the aforementioned facts and circumstances and also the fact that the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1927(c) of 2013 to the satisfaction of Sri Amit Kumar, Judicial Magistrate, 1st Class, Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U