Ravi Shankar Kumar @ Ravi Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49857 of 2019 Arising Out of PS. Case No.-811 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Ravi Shankar Kumar @ Ravi Shankar Singh Son of Late Birendra Singh Resident of Village-Lal Basanta, P.S.-Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gita Kumari Wife of Jai Shankar Singh Resident of Village-Lal Basanta, P.S-Lalganj, District-Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumari Chandna, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 811 of 2019, in which cognizance under Sections 323 and 354 of Indian Penal Code has been taken on 17.06.2018.

The allegation against the petitioner is he assaulted and applied criminal force upon the complainant with an intent to outrage her modesty.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in a malafide complaint, inasmuch as there is a dispute between the petitioner and the

Patna High Court CR. MISC. No.49857 of 2019(2) dt.09-08-2019 2/3 complaint relating to the partition of village house. In order to pressurize the petitioner, a false complaint has been lodged by the wife of his younger brother. He further submits that petitioner is working as "Gram Awas Sahayak", posted in Patepur block in Vaishali district, as it would be evident from Biometric attendance report, annexed as Annexure -2. He further submits that petitioner is married having wife and children and residing in the same house along with complainant and family members.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner and the complainant are residing in the same house and there is family dispute relating to partition of village house, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 811 of 2019; subject to condition as laid down hereinabove and under Section

Patna High Court CR. MISC. No.49857 of 2019(2) dt.09-08-2019 3/3 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T