Moni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32459 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -KORMA District- SEKHPURA ====================================================== Moni Kumar S/o Late Kishori Mahto, R/o Vill.- Katari, P.O.- Katari, P.S.- Korma, District- Sheikhpura.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Smt. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends his arrest in connection with Korma P.S. Case No. 60 of 2017, registered for the offences punishable under Sections 504, 506, 386/34 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 petitioner being the agnate of the informant and has falsely been implicated in this case due to land dispute. Moreover, the occurrence is of 10.09.2017 whereas F.I.R. has been lodged on 22.09.2017 after lapse of 12 days, without explaining any plausible delay, which itself creates doubt
Patna High Court Cr.Misc. No.32459 of 2018 (2) dt.06-06-2018 2/2 over the prosecution version. 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 a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrae, Ist Class, Sheikhura in connection with Korma P.S. Case No. 60 of 2017, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) brajesh/- U T