Patna High CourtCR. MISC./7326/2015bail granted

Sanjeev Kumar v. The State Of Bihar

2015-02-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7326 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7326 of 2015 Arising Out of PS.Case No. -438 Year- 2013 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sanjeev Kumar Son of Shankar Rajak, Resident of Village- Marangi, Police Station - Mansahi, District - Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 26.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Forbesganj P. S. case no. 438/2013 registered under sections 363 and 366/34 of the IPC.

According to the prosecution case itself, alleged occurrence took place on 30.10.2013 and FIR was lodged on 2.11.2013. Furthermore, victim returned to her home safely and her statement was recorded under section 164 Cr.P.C on 29.11.2013. Although victim stated about involvement of the petitioner in the alleged crime but submission on behalf of the petitioner is that, as a matter of fact, victim had taken loan of Rs 15,000/- and with a view to digest the aforesaid loan amount, she in connivance with her husband lodged this false case. Factum of taking loan of Rs 15,000/- had been admitted by victim in her statement recorded under section

Patna High Court Cr.Misc. No.7326 of 2015 (2) dt.26-02-2015 164 Cr.P.C.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Forbesganj P. S. case no. 438/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T