Sandeep Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83056 of 2019 Arising Out of PS. Case No.-1354 Year-2019 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

Sandeep Bharti Son of Baliram Bharti 2.

Baliram Bharti Son of Late Nagina Bharti 3.

Manju Devi Wife of Baliram Bharti All Resident of Village - Fajilpur, Police Station - Husainganj, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi W/O Deepak Bharti, D/O Surendra Giri At Present R/O Village - Baletha Mathiya, P.S. - Siwan Muffasil, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498A/452/376/511/354A/354B/379/34 of the Indian Penal Code.

The statement of the complainant on oath would reveal that petitioner Sandeep Bharti was attempting to forcefully establish physical relation with the complainant who was wife of the elder brother of Sandeep Bharti. Considering the nature of allegation against

Patna High Court CR. MISC. No.83056 of 2019(2) dt.23-01-2020 2/2 petitioner Sandeep Bharti, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

However, other petitioners, namely, Baliram Bharti and Manju Devi, are parents of Sandeep Bharti. Hence, let them, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Complaint Case No. 1354 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T