Vikash Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.27727 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27727 of 2016 Arising Out of PS.Case No. -260 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Vikash Tanti son of Sulo Tanti resident of village - Rajaura, P.S. - Muffasil, District - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 260 of 2015 for the offences registered under Sections 372, 364, 365, 368/34 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged occurrence took place on 06.04.2015 and the complaint has been lodged on 29.06.2015 i.e. almost after three months of the date of occurrence. It is further submitted that the petitioner has no concern with the entire affair and it has come on record that the wife of the informant had herself fled away from her home as the informant was of unsound mind and married her own brother-in-law (sister's husband). It is further submitted

Patna High Court Cr.Misc. No.27727 of 2016 (2) dt.17-09-2016 that no plausible explanation has been given by the informant for lodging the delayed complaint. The petitioner, however, has no concern with the family affairs of the informant and is just a co-villager.

Having considered all the facts and circumstances of the case and that the remote nature of allegation made against the petitioner and also the fact that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusari in connection with Muffasil P.S. Case No. 260 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T