Patna High CourtCR. MISC./45780/2015bail granted

Anjar v. The State Of Bihar

2015-10-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45780 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana - BALRAMPUR District- KATIHAR ===================================== Anjar, Son of Md. Sabid, resident of Village - Baluganj, P.S - Balrampur (Telta O.P.), District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Umeshnand Pandit (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Balrampur (Telta O.P.) P.S. Case No.152 of 2014, disclosing offences under Sections 376, 313, 471, 120(B)/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, contends that no offence under Section 376 of the Indian Penal Code is made out, on the basis of the allegations, as contained in the First Information Report. He further submits that the prosecution case, as narrated by the informant in the First Information Report, is highly improbable. He also submits that, as per the First

Patna High Court Cr.Misc. No.45780 of 2015 (2) dt.05-10-2015 2/2 Information Report, the offence was allegedly committed by the petitioner nearly six months prior to the date of institution of the First Information Report, which creates serious doubt about the offence being committed. I find substance in the submission made on behalf of the petitioner. This application is, accordingly, allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Balrampur (Telta O.P.) P.S. Case No.152 of 2014.

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.) Praveen-II/- U T