Nand Kishore Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34664 of 2014 Arising Out of PS.Case No. -32 Year- 2014 Thana -MEHDIGANJ District- PATNA ====================================================== Nand Kishore Singh (Hawaldar ) G.R.P. Patna , son of Lalit Singh , Resident of Village - Daulatpur Dih , Police Station - Gaurichak , District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anuj Sharma son of Ajay Sharma , Resident of Mohalla - Bipiara Lal Kuan , Police Station - Bishrukh , District - Gautambudh Nagar ( Uttar Pradesh) .

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 07-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 377/511 of the Indian Penal Code.

The prosecution case is that ten days prior to the lodging of the case the informant came from U.P. to Patna when the petitioner being Hawaldar in GRP employed him as domestic help and tried to commit unnatural offence when the informant escaped with arms and cartridges of the petitioner. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.34664 of 2014 (05) dt.07-08-2015 2/2 petitioner that there is no proof with regard to informant working as a domestic help in the house of the petitioner and there has never been any theft of cartridges from his house and when the informant was caught with cartridges then he lodged the present case after ten days of the alleged occurrence. Considering the delayed lodging of the case when the informant was caught with cartridges and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Patna City, Patna in connection with Mehandiganj P.S. Case No. 32 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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