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Patna High CourtCR. MISC./25515/2017allowed

Jitan Mandal v. State Of Bihar And ANR

2017-07-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.25515 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25515 of 2017 Arising Out of PS.Case No. -321 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Jitan Mandal S/o Sri Garbhu Mandal, Resident of Village- Bina, P.S.- Supaul, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pushpa Devi, W/o Pawan Sah, Resident of Village- Bina, P.S.- Supaul, District- Supaul.

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

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 321C of 2014, disclosing offences under Sections 354, 341 and 323 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, this case is a counter blast of Complaint Case No. 307C of 2014 and Supaul P.S. Case No. 142 of 2014 filed by the family members of the petitioner against the informant and others. The petitioner has not committed any offence even no such occurrence as alleged

Patna High Court Cr.Misc. No.25515 of 2017 (2) dt.07-07-2017 in the complaint case took place ever. Hence, the petitioner, who is of clean antecedent, deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate-IVth, Supaul, in connection with Complaint Case No. 321C of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T