Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42743 of 2017 Arising Out -381 Year- 2003 -MUNGER COMPLAINT CASE District- MUNGER ======================================================

1. Chandan Kumar Son of Late Vishwanath Sah Resident of Mohalla Koura Maidan P.S. Kotwali, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 381(c) of 2003 for the offences allegedly committed by the petitioner under Section 323, 324, 354, 379, 504 of the Indian Penal Code.

The learned counsel for the petitioner submits that the present case arises out of complaint case in which the petitioner is alleged to have dragged the complainant and assaulted her but on similar facts the mother of petitioner was granted anticipatory bail by the learned Sessions Judge. It is further submitted that summon was issued and the same was received by the father of petitioner but the father of petitioner died, therefore, the petitioner could not surrender in the court below immediately

Patna High Court Cr.Misc. No.42743 of 2017 (4) dt.13-11-2017 2/2 thereafter but from perusal of the complaint petition and the order it appears that the complaint was filed in the year 2003 and immediately summon was issued to the petitioner but the petitioner did not appear in court. The petitioner moved this court only after 14 years for grant of anticipatory bail. Considering this fact itself, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T