Suraj Singh @ Suraj Kumar Singh @ Bhikhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22848 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== SURAJ SINGH @ SURAJ KUMAR SINGH @ BHIKHU SINGH S/O JAI PRAKASH NARAIN SINGH @ JAI PRAKASH SINGH R/O VILLAGE - RAMBAAN, P.S. - PAKARIDAYAL, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 452, 342, 376, 511 and 354(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that he attempted to commit rape of the victim. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation is of attempt to rape, but then it is submitted that since family of the petitioner and the family of the informant are neighbours and thus are
Patna High Court CR. MISC. No.22848 of 2024(3) dt.22-07-2024 2/3 having pre-existing dispute, on account of which the present false case came to be instituted and when the issue in between the petitioner and the informant got resolved, the instant case also got compromised. It is, thus, submitted that a specific pleading has been made at Para-7 of the anticipatory bail application that a compromise has been entered in between the side of the petitioner and the informant.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that though a pleading has been made at Para-7 that the dispute in between the petitioner and the informant has been compromised, but then no documentary evidence has been brought on record, on which the learned counsel appearing on behalf of the petitioner submits that even informant will not dispute the compromise in the event if anticipatory bail is granted to the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.22848 of 2024(3) dt.22-07-2024 3/3 is pending/successor court in connection with Pakaridayal P.S. Case No. 256 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, the learned Trial Court before accepting the bail bonds of the petitioner shall issue notice to the informant and in the event if the informant does not dispute the compromise, the bail bonds of the petitioner shall be accepted, but if the informant disputes the compromise in that event the present order shall not be given effect to.
(Satyavrat Verma, J) Rishabh/- U T