Munna Singh @ Kedar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.730 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================
1. Munna Singh @ Kedar Singh Son of Ram Belash Singh,
2. Ram Belash Singh, Son of Late Phekan Singh, Both resident of village Parmalpur, P.S. bhagwanpur, District Kaimur at Bhabua. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of SC/ST P.S.Case No. 56/2015, disclosing offences under sections 341, 323, 504, 506, 448, 380, 427/34 of the Indian Penal Code and section 3(i), (v), (x), (xi) of SC/ST Act.
The petitioners are father and son.
Learned counsel for the petitioners submits that they have been implicated falsely because of land dispute between the petitioners and the informant. He further submits that on the basis of allegations, contained in the First Information Report, no offence under section 3(i), (v), (x), (xi) of the SC and ST Prevention of Atrocities Act is made out. He has further submitted
Patna High Court Cr.Misc. No.730 of 2016 (4) dt.22-02-2016 that as per the case of prosecution the occurrence had taken place on 8.11.2015, whereas the First Information Report came to be instituted on 15.11.2015 and there is absolutely no explanation for delay in institution of the F.I.R.
I find substance in the submissions advanced on behalf of the petitioners that the delay in institution of the F.I.R. creates a doubt over credibility on the case of the prosecution. This application is, accordingly, allowed.
Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua SC/ST P.S.Case No. 56/2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.730 of 2016 (4) dt.22-02-2016