Sonu Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15905 of 2019 Arising Out of PS. Case No.-153 Year-2016 Thana- JALALPUR District- Saran ====================================================== 1.

Sonu Giri Son of Manoj Giri, Resident of Village - Swari Giri Tola, P.S.- Jalalpur, Distt - Saran.

2.

Dhananjay Giri Son of Mahatam Giri Resident of Village - Swari Giri Tola, P.S.- Jalalpur, Distt - Saran.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jalalpur P.S. Case No. 153 of 2016 for the offence punishable under Sections 366(A)/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have not committed any offence. In fact, the occurrence took on 24.08.2016 whereas the F.I.R. has been lodged on 09.09.2016 after lapse of 17 days from the date of occurrence without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the parties are in litigating terms since long and a

Patna High Court CR. MISC. No.15905 of 2019(3) dt.21-05-2019 2/2 case bearing Jalalpur P.S. Case No. 71 of 2013 has been lodged by the informant against the petitioner no. 1 and others which is evident from Annexure-2. The victim in her statement recorded u/s. 164 Cr.P.C. has not disclosed anything about the involvement of these petitioners which is evident from Annexure-3. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the above named, petitioners in the event of surrender within a period of four weeks 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 A.C.J.M 9, Saran, Chapra in connection with Jalalpur P.S. Case No. 153 of 2016 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) Ved/- U T