Sri Chandra Pandit @ Sri Chand Pandit v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24790 of 2016 Arising Out of PS.Case No. -2179 Year- 2014 Thana -SITAMARHI COMPLAINT CASE District- SITAMARHI =====================================
1. Sri Chandra Pandit @ Sri Chand Pandit, Son of late Makhan Pandit, Resident of Village Prem Nagar Tole Bahori, P.S. Runi Saidpur, District-Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ram Kumari Devi, W/o Shankar Pandit R/o Village-Prem Naga Tole Bahori, P.S. Runi Saidpur, District-Sitamarhi. .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. A.M.P. Mehta (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-06-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Complaint Case No.C1/2179 of 2014, disclosing offence under Section 354 of the Indian Penal Code.
Learned counsel for the petitioner submits that warrant of arrest has been issued on 19.05.2016.
Patna High Court Cr.Misc. No.24790 of 2016 (2) dt.20-06-2016 2/3 Referring to the allegations, made in the complaint petition, he has submitted that case of the prosecution is highly improbable. The petitioner is the own elder brother of the husband of the complainant. It has been submitted that there has been partition between the two brothers and husband of the complainant, who had transferred some land in favour of the petitioner, which was being objected to by the complainant. It has been submitted that this is why a false case has been instituted against the petitioner.
Be that as it may, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi, in connection with Complaint Case No.C1/2179 of 2014, subject to the condition 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 police/Court, as the case may be, as and when required and in the event of
Patna High Court Cr.Misc. No.24790 of 2016 (2) dt.20-06-2016 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T