Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53932 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- CHHAURADANO District- East Champaran ====================================================== Suman Kumar, Aged about 21 years, M, Son of Rajesh Rai, Resident of Village- Kathariya, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Chhaurandano P.S. Case No. 276 of 2018 registered under section 447, 448, 376, 511, 504, 506 and 34 of the I.P.C. The allegation against the petitioner is that on the date of occurrence i.e. 27.09.2018 at 12:00 PM at the night the petitioner entered in the house of the informant and tried to commit rape upon his daughter namely Binita Kumari. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as both the parties are agnates and there is a land dispute between them. Learned counsel further submits that the FIR has been lodged after a delay of about five days on

Patna High Court CR. MISC. No.53932 of 2019(2) dt.28-08-2019 2/2 02.10.2018. Learned counsel further submits that both the parties have compromised the dispute amicably, which is apparent from Annexure-2, which is the joint compromise petition filed before the learned court below. After having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnates, there is a land dispute between them and the parties have compromised as it is evident from Annexure-2, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, East Champaran in connection with Chhauradano P.S. Case No. 276 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U