Sant Lal Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.7748 of 2018 (3) dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7748 of 2018 Arising Out of PS.Case No. -561 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Sant Lal Sah, S/o Late Heera Sah, Resident of Village- Chaudhary Bazar, P.S.- Town (Hazipur), District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Hajipur Town P.S. Case No.561 of 2017, registered for the offence punishable under Sections 365 and 363/34 of the Indian Penal Code.

Allegation has been made that there was litigation between informant's husband and the present petitioner. In the said case summons were issued to petitioner's side and after receipt of summon the husband of the informant has been made traceless.

Learned counsel for the petitioner submits that allegation is based on suspicion and no material has been collected against the petitioner during the investigation.

Patna High Court Cr.Misc. No.7748 of 2018 (3) dt.17-04-2018 Learned counsel for the State submits that the case diary does not show any direct evidence against the petitioner. Looking to the aforesaid facts, let the petitioner, namely, Sant Lal Sah, 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, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali, in connection with Hajipur Town P.S. Case No.561 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the Police will call the petitioner for interrogation or any other purposes, he will present himself before the Police. If he fails to present himself before the police on two consecutive dates, the prosecution will be at liberty to make a prayer for cancellation of bail of the petitioner. (Shivaji Pandey, J) pawan/- U T