Baijulal Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.48456 of 2017 (6) dt.07-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48456 of 2017 Arising Out of PS.Case No. -94 Year- 2015 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================
1. Baijulal Sah S/o Late Jugeshwer Sah, Resident of Village-Rampur Ratan, P.S.-Siwaipatti, District-Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Adv. For the Opposite Party/s : Mr. Sri Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Siwaipatti Police Station Case No. 94 of 2015, disclosing offences under Sections 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 25.08.2015 whereas the F.I.R. has been lodged on 01.09.2015 after lapse of six days without explaining the plausible delay. Moreover, the victim in her statement recorded under Section 164 Cr.P.C. has denied the allegation leveled in the F.I.R. and stated that she herself left her house and went to
Patna High Court Cr.Misc. No.48456 of 2017 (6) dt.07-12-2017 her aunt. The doctor as assessed the age of victim as 17 to 18 years. Hence, the petitioner deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Siwaipatti Police Station Case No. 94 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T