Triveni Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21763 of 2017 Arising Out of PS.Case No. -135 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Triveni Sharma, S/o Pandav Sharma, Resident of Village- Gangapur Garhail, Police Station- Amarpur, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-07-2017 Heard Sri Ganesh Sharma , learned counsel for the petitioner and learned Additional Public Prosecutor . The petitioner , apprehending his arrest in Amarpur P.S. Case No. 135 of 2014 registered for offences under section 366(A) of the Indian Penal Code , has prayed for grant of bail in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that the case was initiated on the basis of a complaint vide Complaint Case No. 576 of 2014, which was referred to Police for its registration and investigation under Section 156 (3) of the Cr.P.C. and thereafter , the present F.I.R. was lodged. He submits that though petitioner was named as one of the accused in the F.I.R., during investigation nothing was found against the

Patna High Court Cr.Misc. No.21763 of 2017 (2) dt.01-07-2017 2/3 petitioner and as such, Police submitted charge sheet against other persons and the petitioner was exonerated, however learned Chief Judicial Magistrate differing with the police report has taken cognizance of the offence. According to learned counsel for the petitioner there is no plausible material showing implication of the petitioner.

Learned Additional Public Prosecutor though has opposed the prayer for bail, he was not in a position to dispute the fact that police in its investigation has found nothing against the petitioner and petitioner was exonerated and the learned Chief Judicial Magistrate differing with the police report, has taken cognizance of offence.

Considering the fact during statutory investigation the petitioner was not found involved and he was exonerated, there is no reason to refuse the prayer for anticipatory bail . Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Triveni Sharma be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka / concerned court in connection with Amarpur P.S. Case No. 135 of 2014 subject to the conditions as contemplated under section

Patna High Court Cr.Misc. No.21763 of 2017 (2) dt.01-07-2017 3/3 438(2) of the Code of Criminal Procedure ,1973. (Rakesh Kumar, J) Praful/- U T