Patna High CourtCR. MISC./44592/2016bail granted

Kanjesh Sardar v. The State Of Bihar

2016-10-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44592 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Kanjesh Sardar son of Chhote Lal Sardar Resident of Village-Tamua, P.S. Chhatapur, District-Supaul .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Supaul (Mahila) P.S. Case No. 11 of 2016, disclosing offences under Sections 147,323,354,354A,379, 504 read with Section 34 of the Indian Penal Code.

It is evident from the complaint petition, which is the basis for registration of the First Information Report under Section 156(3) of the Code of Criminal Procedure that members of the same family including female members have been made accused. Learned counsel for the petitioner has submitted that enmity between the two families is the reason behind lodging of the complaint case containing concocted story. Considering the genesis of the occurrence and the nature

of accusation, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in Supaul (Mahila) P. S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Court/police, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U