Deepak Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64518 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- MUNGER COMPLAINT CASE DistrictMunger ====================================================== Deepak Kumar S/o Late Gopal Singh, Resident of Village- Abu Mohammadpur Chouhan Tola, P.S. Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Divya Divyangana, W/o- Suraj Kumar, D/o- Sanjeev Singh, Resident of Village- Nauwagadhi, P.S.- Naya Ramnagar, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Pathak For the Opposite Party/s :
Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2 as well as learned Additional Public Prosecutor for the State.
Petitioner happens to be younger brother-in-law of the complainant and he has been summoned to face trial for the offence punishable under section 354 of the Indian Penal Code. The complainant has admitted in her complaint petition that her relation with her husband was strained and she started residing at her parental home. However, the complainant claims that on the alleged date of occurrence the petitioner came at her parental home and made attempt to commit rape on her.
Patna High Court Cr.Misc. No.64518 of 2018(2) dt.12-12-2018 2/3 Submission on behalf of the petitioner is that petitioner got employment in Railway and his police verification was to be done on 08.08.2018 but before the police verification the complainant lodged the present false case against the petitioner so that petitioner could not succeed to get government job. He further submits that subsequently, after lodging the complaint case another complaint case no. 758 of 2018 was lodged against the petitioner as well as his other family members for the offences punishable under section 498A of the Indian Penal Code.
On the other hand, learned counsel appearing for the opposite party no. 2 opposed the bail prayer submitting that there is specific allegation against the petitioner and moreover, the injury report found on the person of the complainant supports the allegations.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief
Patna High Court Cr.Misc. No.64518 of 2018(2) dt.12-12-2018 3/3 Judicial Magistrate, Munger in Complaint Case No. 77C/2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.
N.K/- (Hemant Kumar Srivastava, J) U T