Patna High CourtCR. MISC./6461/2015bail granted

Arbind Kumar v. The State Of Bihar

2015-05-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6461 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -EKMA District- SARAN ====================================================== Arbind Kumar Son of Shri Ashok Mahto, resident of village- Tarwaniya, P.O Parsagarh, Police Station- Ekma, District- Saran(Chapra) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. B.M.P.Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner is right in his submission that institution of the case after merely 15 days of the date of occurrence raises serious doubt in the veracity of the prosecution story as well as the fact that there is contradiction between the allegation, as contained in the complaint petition, which is the basis for institution of the present case and the statement of the victim girl, recorded under Section 164 of the Cr.P.C.

Patna High Court Cr.Misc. No.6461 of 2015 (3) dt.21-05-2015 2/2 In view of the submission as above, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, District-Saran in connection with Ekma Police Station Case No. 105 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J.) Vats/- U T