Patna High CourtCR. MISC./44760/2016bail granted

Upendra Sahani v. The State Of Bihar

2016-10-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44760 of 2016 Arising Out of PS.Case No. -114 Year- 2005 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Upendra Sahani son of Late Ram Saran Sahani Resident of VillageBaruar, Police Station- Babu Barhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Bilash Roy Raman For the Opposite Party/s : Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Babu Barhi P.S. Case No. 114 of 2005, disclosing offences under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that for an occurrence alleged to have taken place on 19.09.2005, the F.I.R was registered on 20.09.2005. The police is said to have submitted report finding the case of the prosecution untrue. The said police report was seen by the learned Magistrate on 07.05.2013. However, subsequently on 28.04.2016, the learned Court below has taken cognizance of the offence and issued summons to the petitioner.

Learned counsel for the petitioner has submitted that

since police investigation is complete and the petitioner is ready to appear before the court below as and when required, no purpose would be served if the petitioner is taken into custody. Learned counsel for the petitioner appears to be right in his submission. Considering the above, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Chief Judicial Magistrate, Madhubani in Babu Barhi P. S. Case No. 114 of 2005(G.R. No. 1519 of 2005), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Court/police, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U