Vijay Ram @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85532 of 2019 Arising Out of PS. Case No.-4309 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Vijay Ram @ Vijay Kumar, S/o Achchhelal Ram R/o village- Khiridih Kawlachak, P.S.- Vijaipur, District- Gopalgaj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhananjay Ram, S/o Ram Prit Ram R/o village- Khiridih Kawlachak, P.S.- Vijaipur, District- Gopalgaj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Complaint Case No.4309 of 2016, Tr. No.1383 of 2019, in which cognizance under Sections 147, 148, 323, 354, 380, 448, 427 and 504 of Indian Penal Code has been taken against the petitioner.

The allegation against the petitioner is that the petitioner along with other co-accused has tried to outrage the modesty of the mother of the informant.

Mr. Naresh Prasad, learned counsel for the petitioner submits that both the parties are co-villagers and there is

Patna High Court CR. MISC. No.85532 of 2019(2) dt.13-02-2020 2/3 previous dispute between them inasmuch as the uncle of the petitioner, Ram Nakshtra Ram had lodged a case bearing Vijaipur P.S. Case No.114 of 2015, registered for the offences punishable under Sections 341, 323, 307/34 of the I.P.C. against the informant and other family members of the informant. Learned counsel further submits that the present complaint has been filed in retaliation of the F.I.R. lodged by the uncle of the petitioner in which uncle of the petitioner has been made accused No.1.

After having heard learned counsel for the petitioner and taking into consideration the fact that there appears to be previous dispute between the parties and both the parties are covillagers, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Gopalganj, in connection with Complaint Case No.4309 of 2016, Tr. No.1383

Patna High Court CR. MISC. No.85532 of 2019(2) dt.13-02-2020 3/3 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T