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Judgment
Sanjay Kumar Dwivedi, J
Heard the learned counsel for the petitioner as well as the learned counsel for the State and the learned counsel for the complainant.
The petitioner is apprehending his arrest in connection with Complaint Case No.334 of 2020, for the offence registered under sections 307, 387, 302/120B of the IPC, pending in the court of learned Judicial Magistrate, First Class, Palamau at Daltonganj.
Learned counsel for the petitioner submits that the accident took place on 06.10.2018 and for that accident, Haider Nagar P.S. Case No.94 of 2018 was registered on 07.10.2018 which was investigated by the police and final form has been submitted saying that no clue was found. He submits that thereafter the complaint case was filed being Complaint Case No.103 of 2019 which was sent under section 156 (3) Cr.P.C and pursuant to that Haider Nagar P.S. Case No.42 of 2019 was registered. He submits that the same was further investigated and the police found that falsely the complaint case has been lodged and final form has been submitted and recommendation was made to initiate the proceeding against the complainant under section 182 and 211 of the IPC. He submits that by way of filing the protest petition, the learned court has taken cognizance against the petitioner in the said case and in view of that privilege of anticipatory bail may kindly be provided to the petitioner.
Learned State counsel submits that two cases were investigated by the police and final form has been submitted and the petitioner has not been sent up for trial.
Learned counsel for the complainant submits the one injured person who was hospitalized and after ten days coming into sense he has disclosed about assault and he has taken name of the petitioner and Subhash Kumar Mehta and in view of that, the case is made out.
It is an admitted position that two FIRs were investigated by the police and in both the FIRs, the petitioner has not been sent up for trial and on the protest petition the learned court has taken cognizance against the petitioner and it appears that the complainant was not examined on the solemn affirmation and only on the basis of enquiry witnesses, the cognizance has been taken, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Palamau at Daltonganj, in connection with Complaint Case No.334 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.