Anu Singh @ Anuj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10170 of 2016 Arising Out of PS.Case No. -272 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================
1. Anu Singh @ Anuj Singh son Kapileshwar Prasad Singh resident of village - Kathar, Police Station - Sherghati, District - Gaya. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. R.N. Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Sherghaty P. S. Case No. 272 of 2015 for offences alleged under Sections 354(A), 354(B), 341, 323 and 346 of the Indian Penal Code.
The prosecution case as lodged by the informant is that the informant was going to her sasural with her husband and when she was on the way at village-Kathar, in the meantime, the accused / petitioner misbehaved with her. The accused / petitioner teased the informant lady. The informant raised protest upon which the accused / petitioner also assaulted her husband. The police also arrived there but the petitioner fled
Patna High Court Cr.Misc. No.10170 of 2016 (2) dt.18-05-2016 2/3 away.
It has been submitted by the learned counsel for the petitioner that the petitioner's name in the alleged occurrence came because of the local people on the road had taken the said name and it was on the basis of which the petitioner was named in the F.I.R. He further submits that it was on hearsay that the petitioner's name surfaced. He further submits that the petitioner has no criminal antecedent as is evident from para-3 of this application and no overact has been committed by the petitioner and no offence under Section 354(A) and 354(B) is made out against this petitioner. He further submits that there was procession of about more than a hundred people on the road and no specific overact cannot be attributable to the petitioner.
However, the learned APP for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer of bail.
Be that as it may, since the petitioner has been made an accused on the basis of suspicion, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand
Patna High Court Cr.Misc. No.10170 of 2016 (2) dt.18-05-2016 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghaty, Gaya in connection with Sherghaty P. S. Case No. 272 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Nilu Agrawal, J) ajaypd./- U T