Viveka Singh @ Vivekanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74401 of 2019 Arising Out of PS. Case No.-208 Year-2017 Thana- KOTWALI District- Munger ====================================================== VIVEKA SINGH @ VIVEKANAND SINGH, Son of Ram Bahadur Mandal Resident of Village - Chandikasthan, P.S.- Muffasil Munger, District - Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Kotwali (Munger) P.S. Case No. 208 of 2017, disclosing the offences under Sections 341, 323, 354 and 504 of the Indian Penal Code.

It is alleged in the First Information Report that the informant had given friendly loan of a sum of Rs.75,000/- to the petitioner and on the alleged date of occurrence, she had gone to the petitioner's shop for realizing the amount. Allegedly, the petitioner assaulted the informant when she was demanding repayment of her loan.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.74401 of 2019(2) dt.27-11-2019 2/2 has submitted that the parties intend to resolve their dispute and in any case, no offence under Section 354 of the Indian Penal Code can be said to be made out on the basis of what has been alleged in the First Information Report.

Be that as it may, in view of the nature of allegation and genesis of occurrence, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali (Munger) P.S. Case No. 208 of 2017,subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T