Jetha Besra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29155 of 2022 Arising Out of PS. Case No.-150 Year-2019 Thana- SARSI District- Purnia ====================================================== JETHA BESRA S/o Late Sitaram Besra Resident of Village- Budhiya Gola, P.S.- Sarsi, District- Purnia.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 323, 324, 326, 341, 379/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons including the petitioner came at the house of the informant and started assaulting her, as a result of which, she sustained injury. When the family members of the informant came to rescue her, they were also assaulted. The informant sustained injury. Cash of rupees 5,000/- was also snatched away from husband of the informant.

Patna High Court CR. MISC. No.29155 of 2022(2) dt.01-11-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The offences are triable by Magistrate. The alleged occurrence is said to have taken place on 25-09-2019 and the case was instituted on 30-09-2022. The delay in instituting the case has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sarsi P.S. Case No. 150 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T