Kanchan Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6852 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -EKMA District- SARAN ====================================================== Kanchan Chaurasiya Son of Sukhari Chaurasiya Resident of VillageVishunpura, Kala, P.S.- Ekma, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Mr. Varun Kumar For the Opposite Party/s : Mr. Ajay Kumar-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Ekma P.S. Case No. 182 of 2016 for the offences instituted under Sections 341, 354, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant along with his sister went to market and after purchasing some house hold articles and when they were returning, in the meantime, the petitioner caught hold the hand of sister of the informant and misbehaved with her and when protest was made by the informant, the petitioner fled away. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.6852 of 2017 (2) dt.13-02-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There was a love affair between the petitioner and the victim and same was not liked by her parents, hence the present case has been instituted against the petitioner. The alleged date of occurrence is 31.10.2016 and the case was instituted on 04.11.2016. The delay has not been explained by the prosecution.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ekma P.S. Case No. 182 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vijay Prakash, Judicial Magistrate, 1st Class, Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T