Md. Chand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50417 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -BAHERI District- DARBHANGA ====================================================== Md. Chand Son of Md. Asgar Alam, resident of Karhari, P.S. Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shubh Kala Devi Wife of Ram Baran Sahu resident of Village- Dohat Narayan, P.S. Bakri P.S. District Darbhanga.

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Baheri P.S. Case No. 39 of 2017 registered under Sections 366, 366(A) of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. Further submission is that on bare perusal of the statement recorded under Section 164 of the Cr. P.C., it appears that the victim, according to her sweet will, has been living for two months with the petitioner and during this period, she did not raise a single word against him. Further submission is that the present case is out and out a false

Patna High Court Cr.Misc. No.50417 of 2017 (4) dt.12-12-2017 2/2 case and the F.I.R. is also against unknown.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-IX, Darbhanga in connection with Baheri P.S. Case No. 39 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T