Patna High CourtCR. MISC./77556/2018bail granted

Ram Sagar Sahni And ANR v. The State Of Bihar

2019-01-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77556 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- MINAPUR District- Muzaffarpur ======================================================

1. Ram Sagar Sahni S/o Late Faujdar Sahni

2. Shila Devi wife of Lalu Sahni Both R/o Vill.- Bishanpur Kanth, P.S.- Mohanpur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Meenapur P. S. Case No.304 of 2018 registered under Sections 363 and 366A read with 34 of the Indian Penal Code. Learned counsel for the petitioners submitted that the application under 438 of the Code of Criminal Procedure as far as petitioner no. 1 Ram Sagar Sahni is concerned, it has become infructuous as he has already been arrested.

He further submitted that there is an inordinate and unexplained delay of over two months in institution of the first information report which was referred to the police under Section 156(3) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.77556 of 2018(2) dt.24-01-2019 2/2 Considering the nature of allegation made against the petitioner which was based on a complaint filed before the court, in the event of arrest or surrender before the court below, the petitioner no. 2 Shila Devi is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Meenapur P. S. Case No.304 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Considering the submission made above, the application as far as petitioner no. 1 is disposed of as infructuous.

(Ashwani Kumar Singh, J) kanchan/- U T