Nakul Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24729 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

NAKUL SHARMA Son of Ganesh Sharma Resident of Village - Dhobidih Singhnan, P.S.- Rajoun, District - Banka.

2.

Mala Devi Wife of Nakul Sharma Resident of Village - Dhobidih Singhnan, P.S.- Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner No. 2 is a woman and the informant alleges that accused persons assaulted and Nakul snatched Rs. 7,000/- from his pocket and Ankit snatched his silver chain.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and the allegation of assault is general and omnibus in nature, it is further

Patna High Court CR. MISC. No.24729 of 2023(2) dt.19-07-2023 2/2 submitted that allegation of snatching money and silver chain is ornamental, it is next submitted that the date of occurrence is 12.10.2022 and the FIR was instituted on 21.11.2022 that is after delay of more than one month which cast an aspersion on the case of the prosecution and leaves to an irresistible conclusion that an FIR was instituted by way of an afterthought.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajoun P.S. Case No. 547 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T