Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30645 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- TARAIYA District- Saran ====================================================== Ajay Singh, S/o Nagina Singh, R/o Vill.- Faridanpur, P.S.- Taraiya, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Sri Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323,341,354,504 of the Indian Penal Code.

The prosecution case which got initiated on the basis of written report submitted by Neha Kumari to the Station House Officer, Taraiya Police Station, is to the effect on 28.02.2018, at 9.30 A.M. the informant and his sister, Nikky Kumari, went to attend the coaching class, but while entering back, on the way the petitioner proposed her to marry him, which was protested by the informant and her sister, then the petitioner tried to outrage the modesty of the informant and misbehaved with her. It is submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.30645 of 2018(2) dt.18-05-2018 2/3 petitioner and the informant are neighbour and in the background of land dispute, the wife of petitioner namely Ranju Devi filed Complaint Case No.193 of 2018 against the uncle of the informant namely Shatrughan Singh and as a retaliatory measure the present case has been lodged. For the occurrence of 28.02.2018, the written report was submitted on 01.03.2018, whereupon, the FIR was registered on the same date, but it reached to the Court of learned ADJ-I, on 05.03.2018, which clouds the bona fide of the accusation. However, the petitioner is accused in one other case, being Taraiya P.S. Case No.311 of 2017, lodged by aunt of the informant, wherein he is on bail. It is submitted by learned APP for the State that the accusation is specific against the petitioner.

Considering the fact that the accusation has been levelled in the background of the fact that the petitioner and the informant are on inimical terms, the delayed lodging of the FIR, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.30645 of 2018(2) dt.18-05-2018 3/3 amount each to the satisfaction of the learned 1st ADJ, Saran at Chapra, in connection with Taraiya P.S. Case No.51 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T