Anand Prakash v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33232 of 2017 Arising Out of PS.Case No. -3796 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Anand Prakash, Son of Surendra Prasad Singh, resident of villageBishunpur Pakari, P.S.- Beur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramanand Singh, Son of Late Raj Bansh Singh, Resident of VillageRudra Residency Gola Road, P.S.- Rupaspur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Raj Dular Sah, Advocate For the State : Mr. Sanjay Kumar Pandey, APP For the Complainant : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Sections 498(A), 506 and 500 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. It is also submitted that after investigation the police submitted a final form. Thereafter the present case

Patna High Court Cr.Misc. No.33232 of 2017 (2) dt.20-07-2017 2/2 proceeds on the basis of protest-cum-complaint. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Savita Rani, Judicial Magistrate, 1st class, Patna in connection with Protest-cum-Complaint case No.3796(C) of 2015 in connection with Beur P.S. case No.282 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T