Patna High CourtCR. MISC./67693/2024bail granted

Golu Kumar @ Amit Kumar v. The State Of Bihar

2024-10-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67693 of 2024 Arising Out of PS. Case No.-141 Year-2014 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Golu Kumar @ Amit Kumar S/o Late Ramavinay Singh @ Ram Binay Singh @ Vinay Singh R/o Village- Kharanti, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar 2.

Gudiya Devi W/o Kishori Singh R/o Kharati, P.S.- Obra, DistrictAurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024

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 Complaint Station Case No. 141 of 2014, disclosing offences under Sections 384, 323, 354, 34 of the Indian Penal Code.

3. As per the allegation made in the complaint, on 17.04.2014, the petitioner along with the other accused persons entered into the house of the complainant, assaulted her and petitioner pulled the complainant on the ground with her hairs. The accused persons also misbehaved with the daughter of the complainant with bad intention and snatched gold chain from

Patna High Court CR. MISC. No.67693 of 2024(2) dt.23-10-2024 2/3 her.

4. Learned Counsel for the petitioner submits that the petitioner and his entire family has been made accused on the basis of concocted story made in the complaint as a counterblast to the Obra P.S. Case No. 133 of 2013 lodged by the mother of the petitioner against the complainant's son and her husband alleging therein that petitioner's sister was being teased by the complainant's son while going to school. Learned counsel further submits that only allegation against the petitioner is that he pulled the complainant on the ground with her hairs. The complainant and her family members were putting pressure upon the petitioner and others to compromise the Obra P.S. Case No. 133 of 2013. The petitioner was not having any knowledge about filing of the complaint on 17.04.2014 in which cognizance was taken on 20.09.2014. The petitioner came to know about the present complaint case after issuance of nonbailable warrant on 18.08.2023, thereafter, the petitioner took steps for filing anticipatory bail before the learned Sessions Judge.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the side of the petitioner had lodged

Patna High Court CR. MISC. No.67693 of 2024(2) dt.23-10-2024 3/3 the case against the complainant's son and her husband, I am inclined to grant the petitioner privilege of 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 four 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 Sub-Divisional Judicial Magistrate, Daudnagar in the district of Aurangabad, in connection with Complaint Station Case No. 141 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T