Dhananjay Chaurasia @ Dhananjay Kumar Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10943 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Dhananjay Chaurasia @ Dhananjay Kumar Chaurasia S/o Surendra Chaurasia resident of Village- Brahmasthan , PS- Bhagwanpur Hat, District Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 366A and 34 of the Indian Penal Code. Allegation against the petitioner is that he along with other accused persons was seen with the daughter of the informant, who went to school but did not return. Informant's impression is that petitioner might have fled away with her daughter.
It is submitted on behalf of the petitioner that he has got no criminal antecedent. The alleged date of occurrence is 3.7.2015 and the F.I.R has been instituted on 8.7.2015. No explanation in respect to the delay has been made on behalf of the prosecution. Under Section 164 Cr. P.C. statement of the victim girl is Annexure-2 to the present application. From perusal of the 164 Cr. P.C. statement of the victim it is evident that she has stated that the accused including the petitioner are innocent. On behalf of the State, it is submitted that petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the
Patna High Court Cr.Misc. No.10943 of 2016 (2) dt.18-04-2016 2/2 above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri M. K. Srivastava, learned Judicial Magistrate, Ist Class, Siwan, in connection with Bhagwanpurhat P.S. Case no. 120 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T