Patna High CourtCR. MISC./7802/2016bail granted

Md. Bijju v. The State Of Bihar

2016-04-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7802 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -MAHILA PS District- KATIHAR ======================================================

1. Md. Bijju Son of Md. Kalwa resident of Village Fuhagaon Kachna, Police Station Barsoi (Kacha O.P.), Distt- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Asha Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory arises out of Mahila Police Station Case No. 53 of 2015, disclosing offences under Sections 376,457 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that for an occurrence alleged to have taken place on 18.10.2015, the First Information Report came to be instituted on 27.10.2015 which raises serious doubt over the prosecution version. He submits that there is no explanation in the First Information Report for such delay in lodging of the First Information Report. Considering the aforesaid submissions, this application is allowed. Let the petitioner above-named in the event of his

arrest/surrender within four weeks from today in the Court below 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 the learned Chief Judicial Magistrate, Katihar in Mahila P. S. Case No. 53 of 2015, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U