Jairam Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4316 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== JAIRAM PRASAD Son of Shivnath Prasad Resident of village - Hahwan, P.S.- Maharajganj, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 354, 379, 504 & 506 IPC. Allegation against the petitioner is that of holding the informant and assaulting her with slaps, fists and danda. He is also said to have removed her cloth and gold ornament. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the prosecution case is itself doubtful as the occurrence is alleged to have taken place on 04.06.2022 but the F.I.R. has been lodged on 23.06.2022 i.e. after a delay of

Patna High Court CR. MISC. No.4316 of 2023(3) dt.08-05-2023 2/2 19 days without giving any plausible explanation. It is further submitted that the injury report does not support the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maharajganj P.S. Case No.194 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T