Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14678 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -GARDANIBAGH District- PATNA ====================================================== Dinesh Kumar , son of Ram kripal Ram, resident of village Chitkohra Shivpuri, Police Station Gardanibagh, Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kuber Pathak For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gardanibagh Police Station Case No. 210 of 2015, disclosing offences under Sections 436, 354, 323/34 of the Indian Penal Code.

A complaint case filed by the informant, is the basis for institution of the First Information Report. From the First Information Report, it appears that all the accused persons belong to the same family. It is alleged against them that all of them came to the hut of the informant with an intention to outrage the modesty of his daguther and when his daughter did not come out, they set the hut on fire.

Patna High Court Cr.Misc. No.14678 of 2016 (2) dt.25-04-2016 2/2 Learned Counsel appearing on behalf of the petitioner appears to be right in his submission that prosecution case, prima facie, appears to be improbable. This application is, accordingly, allowed.

Let the petitioner, Dinesh Kumar, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar V, Judicial Magistrate, 1st Class, Patna, in connection with Gardanibagh Police Station Case No. 210 of 2015, 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 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.) Prabhakar Anand/- U √ T √