Patna High CourtCR. MISC./61965/2024bail granted

Rahul Kamat @ Rahul Kumar Kamat v. The State Of Bihar

2024-10-17Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61965 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- ARER District- Madhubani ====================================================== Rahul Kamat @ Rahul Kumar Kamat S/o Bimnesh Kamat @ Vivnesh Kamat Resident of village -Dhanga west , P.s. Arer , District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar 2.

Sakshee Kumari D/o Pashupati Nath Mishra R/o vill - Dhanga (West), P.S. - Arer, Distt. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Arer Police Station Case No. 25 of 2024, dated 23.02.2024, disclosing offences punishable under Sections 147/148/149/341/342/323/307/354-A/354-B/ 379/376/511/427/448/452/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that due to some quarrel between the informant and the sister of the petitioner on 20.02.2024, the petitioner, along with other co-accused persons, entered into the house of

Patna High Court CR. MISC. No.61965 of 2024(2) dt.17-10-2024 2/3 the informant, vandalized it including the police vehicle and the petitioner torn the t-shirt of the informant and also tried to outrage her modesty.

4. Learned Counsel for the petitioner submits that both the parties are co-villagers and the dispute between them took place on a trivial issue between the informant and the sister of the petitioner while they were going to take examination on a tempo. He further submits that for the same incident, the police had also lodged Arer Police Station Case No. 23 of 2024 on 21.02.2024, in which a co-ordinate Bench of this Court has granted anticipatory bail to the petitioner, vide order, dated 11.06.2024, passed in Criminal Misc. No. 35572 of 2024. He further submits that there is no previous criminal antecedent of the petitioner except the second case lodged by the police for the same incident.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are covillagers and in a case lodged by the police for the same incident, the petitioner has been granted anticipatory bail, I am inclined to grant the petitioner privilege of

Patna High Court CR. MISC. No.61965 of 2024(2) dt.17-10-2024 3/3 anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Special Judge, POCSO, Madhubani, in connection with Arer Police Station Case No. 25 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √