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Patna High CourtCR. MISC./68340/2023bail granted

Sanjay Kumar Singh v. The State Of Bihar

2024-01-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68340 of 2023 Arising Out of PS. Case No.-1379 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sanjay Kumar Singh Son Of Krishna Nand Singh Resident Of Magistrate Colony, Ps -KOTWALI, Distt- Munger, Relevant Time Posted As Officer-InCharge, Sultanganj Police Station, Ps- Sultanganj, Distt- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarita Singh Wife Of Premchand Singh Resident Of Magistrate Thana Road, Sultanganj, Ps- Sultanganj, Distt- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1379 of 2018 registered for the offences punishable u/s 323, 354, 379, 427 and 504 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and police Sub-Inspector Sanjay Singh along with 5-6 other police

Patna High Court CR. MISC. No.68340 of 2023(2) dt.08-01-2024 2/3 personnel holding arms came to the house of the complainant and started abusing and assaulting the informant and her husband. Thereafter, the accused persons dragged the complainant after catching her hair. Then they took away ornaments, cash and destroyed the utensils, T.V, fridge etc.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that the petitioner was posted as SHO at Sultanganj Police Station in the year 2018 and he has no concern with the complainant or the co-accused Shivam Choudhary.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhagalpur in connection with Complaint Case No. 1379 of 2018, subject to conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.68340 of 2023(2) dt.08-01-2024 3/3 the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T