Patna High CourtCR. MISC./7134/2019bail granted

Dinesh Kumar v. The State Of Bihar

2019-02-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7134 of 2019 Arising Out of PS. Case No.-502 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dinesh Kumar, Son of Masudan Ram, Resident of Village- Kutubchak, P.S. - Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sheikhpura Police Station Case No. 502 of 2018, disclosing offences under Sections 366/34 of the Indian Penal Code.

Considering the statement of the victim, as recorded under Section 164 of the Code of Criminal Procedure, 1973, which not only belies the case of the prosecution as narrated in the First Information Report, it discloses the conduct of the informant to be not worthy.

Considering the above facts and circumstances, this application is allowed.

Patna High Court Cr.Misc. No.7134 of 2019(2) dt.07-02-2019 2/2 Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura Police Station Case No. 502 of 2018, subject to the condition 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 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U