Shiv Govind Mehta @ Shiv Govind Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.37063 of 2014 (2) dt.13-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37063 of 2014 Arising Out of PS.Case No. -40 Year- 2014 Thana -KORHA District- KATIHAR ====================================================== Shiv Govind Mehta @ Shiv Govind Prasad S/o Late Bandhu Mehta @ Bandhu Prasad Resident of Village Bawaganj, Koire Tola, P.S. Korha, District Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner prays for anticipatory bail in a case under Sections 448,323, 307/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire false and concocted case has been filed against the petitioner making allegations of having caused injury on the head of the informant whereas the Discharge Summary, which has been annexed showing the date of discharge on 22.11.2013, i.e., seven days after the occurrence, does not mention any injury on the head of the nature as alleged. It is further submitted by learned counsel that the occurrence having taken place on 15.11.2013, the complaint case appears to have been filed on 30.1.2014, i.e., two and half months after the occurrence on the basis of which the
Patna High Court Cr.Misc. No.37063 of 2014 (2) dt.13-03-2015 present first information report has been finally lodged on the direction of the court.
On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Shiv Govind Mehta @ Shiv Govind Prasad in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in connection with Korha P.S. Case No.40 of 2014 to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the other conditions as laid down in Section 438 (2) of the Cr.P.C.
(Ramesh Kumar Datta, J) V.P.Sinha/- U