Kamal Kishor Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61349 of 2024 Arising Out of PS. Case No.-337 Year-2020 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Kamal Kishor Raj S/o Chandrajeet Ram @ Chandradeo Kahar R/o vill - Bistaul Mathia, P.S. - Jehanabad, Distt. - Jehanabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Paro Devi W/o Sanjay Prasad R/o vill- Bistaul, P.S.- Jehanabad, Distt. - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 337 of 2020 instituted for the offence under Sections 452 and 354 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is Secretary of Gram Kutchery and he misbehaved with the complainant. It is further alleged that on 14.10.2020, when the complainant was alone, petitioner entered into her house and caught her hand and on alarm being raised by her, he fled away. On next day, when

Patna High Court CR. MISC. No.61349 of 2024(4) dt.17-03-2025 2/3 query was made by her husband to the petitioner, he and his family members abused and assaulted him by means of lathi danda. Thereafter, the present complaint case is outcome of the alleged occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Complaint petition has been filed after six days of the occurrence, which creates doubt in authenticity of the present case. In fact, both parties are agnates and husband of the complainant is drunker and he used to abuse all family members including petitioner's father and on protest being made by the petitioner, he has been roped falsely in the present case by the hands of the complainant on the basis of concocted and fabricated story.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.61349 of 2024(4) dt.17-03-2025 3/3 in connection with Complaint Case No. 337 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) sushma/- U