Rajnish Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69640 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== Rajnish Patel (Male) aged about 20 years, S/o Swaminath Patel , R/o Village - Baduwa, P.S.- Raghunathpur, District - Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rinki Kumari (F) aged 20 years D/o Madhaw Patel R/o Village - Baduwa, P.S.- Raghunathpur, District - Siwan.

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

For the Petitioner/s :

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

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Siwan Mahila P.S. Case No. 33 of 2019 registered for the offence under Section 342, 347, 351, 354(B), 454, 504, 506 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner entered into the house of informant / complainant and tried to outrage her modesty.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the side of the petitioner had lodged a case bearing

Patna High Court CR. MISC. No.69640 of 2019(2) dt.26-11-2019 2/3 Raghunathpur P.S. Case No. 72 of 2019 for an occurrence which had taken place on 27.04.2019 and as a counter blast the present complaint -cum- First Information Report has been lodged by the complainant after a lapse of about four days from the date of occurrence. Learned counsel for the petitioner further submits that both the parties are agnates and there is dispute in between them due to partition of the property, which had taken place some time before. Learned counsel further submits that from perusal of the first information report it would be evident that allegation against the petitioner is that he had caught the hand of the complainant and assaulted her by fist.

Having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnates, there is dispute in between them regarding partition and there is case and counter case in between the parties, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner Rajnish Patel in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in

Patna High Court CR. MISC. No.69640 of 2019(2) dt.26-11-2019 3/3 connection with Siwan Mahila P.S. Case No. 33 of 2019 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) praful/- U