Aashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20781 of 2020 Arising Out of PS. Case No.-480 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Aashish Kumar, Son of Anjani Singh @ Anjani Udaybhanu Singh Resident of Village - Prabhunath Nagar Tari, Police Station - Chapra Muffasil, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh- Advocate Mr. Rajesh Roy- Advocate For the Opposite Party/s :
Mr. Anil Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2020 The office has reported that P. S. Case No. is not clearly visible at top of the F.I.R. and signature of deponent not matched from the name at affidavit.
Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner is in custody since 29.11.2019 and seeks bail in connection with Chapra Muffasil P. S. Case No.480 of 2019 registered for the offences punishable under Sections 363, 365/ 34 of the I.P.C.
Learned counsel appearing for the petitioner submits that the deponent is father of the petitioner and, therefore, the
Patna High Court CR. MISC. No.20781 of 2020(2) dt.09-09-2020 2/2 defects, as pointed out by the office, should be ignored. Learned counsel for the petitioner further submits that even if, the prosecution story is assumed to be true, then also no case under Section 365 of the I.P.C. is made out and, moreover, petitioner does not have any criminal antecedent and languishing in jail custody since long.
The defects, as pointed out by the office, are hereby ignored and taking note of the above stated submissions as well as facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Shushant Sagar, learned Judicial Magistrate, Saran at Chapra in connection with Trial No.425 of 2020 arising out of Chapra Muffasil P. S. Case No.480 of 2019. (Hemant Kumar Srivastava, J) vikash/- U T