Patna High CourtCR. MISC./47321/2016bail granted

Vinay Rai v. The State Of Bihar

2016-12-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47321 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Vinay Rai son of Sahdeo Rai Resident of Village- Naraha, P.S.- Bathnaha, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bathnaha P.S. Case No. 243 of 2015 for the offences punishable under sections 386 and 387 of the I.P.C.

Allegedly, the petitioner caused threats to the informant who is the police officer through mobile. Submission is of false implication and that the occurrence has taken place on 12.10.2015, the FIR was sent before the I/C C.J.M. on 14.10.2015 after two days. As a matter of fact, the petitioner has requested the informant as to why he is troubling and humiliating the innocent villagers and prayed to correct

Patna High Court Cr.Misc. No.47321 of 2016 (2) dt.13-12-2016 2/2 himself failing which public petition would be filed against him before the Senior police officer, then the informant lodged this concocted case with false allegation, no offence under sections 386 and 387 of the I.P.C. is made out and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that the First Information Report was sent to the I/C C.J.M. on 14.10.2015 and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall 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. A.C.J.M-V, Sitamarhi in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T