Ashwathama Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66267 of 2018 Arising Out of PS. Case No.-1810 Year-2014 Thana- West Champaran Complaint DistrictWest Champaran ====================================================== Ashwathama Singh Son of Late Raj Pati Singh, Resident of VillageChainpatti, Police Station- Tareya Sujan, District- Kushi Nagar (U.P.), Presently residing at Village- Kohra, Police Station- Srinagar Pujahan, District- West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Amlesh Devi, Wife of Dinesh Singh, Resident of Village- Kohra, Police Station- Srinagar Pujahan, District West Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Anil Kumar Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

13-03-2019 Heard Sri Sanjay Kumar No.-7, learned counsel for the petitioner, Sri Anil Kumar, learned Addl. Public Prosecutor as well as Sri Bharat Bhushan, learned counsel for the complainant/opposite party no. 2.

The sole petitioner, apprehending his arrest in Trial No. 2284 of 2018, arising out of Complaint Case No. 1810C of 2014, for offence under Sections 420, 406, 323, 341, 318, 504 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

On last date i.e. on 05-03-2019, after hearing the parties and considering the nature of dispute, this Court granted time to learned counsel for the complainant/opposite party no. 2

Patna High Court CR. MISC. No.66267 of 2018(4) dt.13-03-2019 2/2 to get instruction as to whether after receipt of Rs. 45,000/- (forty five thousand), which was said to be credited in the account of the petitioner, the complainant will settle the dispute or not. Sri Bharat Bhushan, learned counsel for opposite party no. 2/complainant, on instruction, submits that complainant is not ready for this.

Considering the aforesaid facts & circumstances and nature of accusation, the Court is of the opinion that it is a fit case for granting anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ashwathama Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Kumud Ranjan, learned Judicial Magistrate 1st Class, Bettiah, West Champaran/concerned court in connection with Trial No. 2284 of 2018, arising out of Complaint Case No. 1810C of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T