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Patna High Court - Orders

Ravi Kumar @ Ravi Ranjan Kumar vs The State Of Bihar on 4 November, 2020

Author: Chakradhari Sharan Singh

Bench: Chakradhari Sharan Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22409 of 2020
                     Arising Out of PS. Case No.-280 Year-2018 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 RAVI KUMAR @ RAVI RANJAN KUMAR Son of Vinay Chaudhary
                 Resident of Village - Karmaini Kurd, P.S. - Bikramganj, District - Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sada Nand Roy
                 For the Opposite Party/s :       Ms.Reena Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                                       ORAL ORDER

3   04-11-2020

Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bikramganj P.S. Case No. 280 of 2018, disclosing the offence under Sections 341, 354-B, 323, 379, 504, 34 of the Indian Penal Code.

The informant has alleged that she had gone to the petitioner's shop to purchase soap. Allegedly, the petitioner, while handing over the soap, attempted to outrage her modesty. It is further alleged that she managed to escape and complained about the incident to her mother-in-law. It is asserted that, subsequently, other co-accused persons assaulted the informant's old mother-in-law. There is allegation against one of the co-accused of snatching of a gold chain. There is specific Patna High Court CR. MISC. No.22409 of 2020(3) dt.04-11-2020 2/3 statement in paragraph 8 of the the application that the persons who have been named in the FIR and the family of the informant are pattidars (co-sharers) and there is family partition suit pending between them which has been registered as Partition Suit No. 1262 of 2014, and is pending in the court of learned Sub-Judge, Bikramganj. He has argued that the dispute in the said partition suit is in the background of lodging of the present false case.

Be that as it may, considering the nature of accusation and submissions so advanced on behalf of the petitioner as noted above, 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 ACJM, Bikramganj, Rohtas, in Bikramganj P.S. Case No. 280 of 2018, 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 Patna High Court CR. MISC. No.22409 of 2020(3) dt.04-11-2020 3/3 appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

(Chakradhari Sharan Singh, J) Rajesh/-

U      T