Patna High CourtCR. MISC./30910/2019bail granted

Ramesh Das v. The State Of Bihar

2019-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30910 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== RAMESH DAS Son of Tulsi Das Resident of Village- Ranichak, P.S.- Garhpura, District- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Garhpura P.S. Case No. 105 of 2018 for the offence punishable under Sections 457, 376 and 511 of the Indian Penal Code. It is alleged in the First Information Report that the petitioner entered into the informant's house in inebriated condition and attempted to rape.

Learned counsel appearing on behalf of the petitioner has submitted that for the alleged incident of 16.09.2018, First Information Report has been lodged on 21.09.2018 and there is no plausible explanation for such delay. Though the written statement is said to have been written on 17.09.2018, it is evident that information was received by the police on 21.09.2018.

Considering the delay in lodging of the First

Patna High Court CR. MISC. No.30910 of 2019(2) dt.09-05-2019 2/2 Information Report and the nature of accusation, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six 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 A.C.J.M.-IV, Begusarai, in Garhpura P.S. Case No. 105 of 2018, 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 Police/Court, 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) Pawan/- U T