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Patna High CourtCR. MISC./38410/2022allowed

Md. Raja v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38410 of 2022 Arising Out of PS. Case No.-648 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Md. Raja Son Of Md. Sanjur Resident Of Village - Madhepura, Ward No.- 07, P.S.- Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 307, 354B, 379, 34 of the Indian Penal Code. Petitioner is said to have entered into the house of the informant and abused her mother. On objection, he misbehaved with the informant and also torn her cloth.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.38410 of 2022(2) dt.15-11-2022 2/2 case. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurred took place on 11.08.2021 but the FIR has been lodged on 14.08.2021 after delay of 3 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is delay in filing the FIR, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhepura P.S. Case No. 648 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T