Samiullah vs State Of Bihar & Anr on 16 June, 2015

[Cites 7, Cited by 0]

Patna High Court - Orders

Samiullah vs State Of Bihar & Anr on 16 June, 2015

Bench: Rakesh Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No. 19005 of 2015
                    Arising Out of PS.Case No. -26471 Year- 2014 Thana -PATNA COMPLAINT CASE District-
                                                             PATNA
                  ======================================================
                  Samiullah son of Basi Ahmad, Resident of Village- Pali, Police Station-
                  Ghanshyampur, District- Darbhanga, at presently resident of Mohalla-
                  Sultanganj, Police Station- Sultanganj, District- Patna.
                                                                              .... .... Petitioner
                                                     Versus
                  1. The State of Bihar.
                  2. Priyanka Krishna, Daughter of Sri Abhay Kumar, Resident of Mohalla-
                  Roshan Lal Colony, Anishabad, Police Station- Gardanibagh, District-
                  Patna
                                                                       .... .... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Pankaj Kumar Jha, Adv.
                  For the Opposite Party/s     : Mr. Ravi Ranjan, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
                  ORAL ORDER

2.   16-06-2015

Heard Sri Pankaj Kumar Jha, learned counsel for the petitioner and Sri Ravi Ranjan, learned counsel, who has voluntarily appeared on behalf of complainant.

The sole petitioner, apprehending his arrest in Complaint Case No. 26471(C) of 2014, which was filed alleging commission of offences under Sections 420, 354, 376, 292 & 509 of the Indian Penal Code and section 67-A of the I.T Act, in which after enquiry, learned Judicial Magistrate 1st Class, Patna has not taken cognizance of offence under Section 376 of the I.P.C., rather cognizance has been taken under Sections 354, 417, 509 of the I.P.C., has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that the Patna High Court Cr.Misc. No.19005 of 2015 (2) dt.16-06-2015 2/2 complainant has adopted method to pressurize the petitioner to marry with her on false allegation.

Learned counsel for the complainant has opposed the prayer of the petitioner. He submits that earlier the matter was brought to the notice of concerned police station and before the police, the petitioner had given undertaking that he will marry with her, but since the petitioner refused to marry with the complainant, the complainant was compelled to file the complaint petition.

In view of nature of accusation and facts & circumstances, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Let the petitioner, namely; Samiullah be enlarged on bail in the event of his arrest or surrender before the court below within a period of one month from today on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Niharika, learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 26471(C) of 2014, subject to condition laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay/-

 U          T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders