Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44630 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Sanjay Ram Son Of Sukh Ram @ Sukh Nandan Ram R/O Village- Darmaha, P.S.- Kesariya, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in connection with Kesariya P.S. Case No.141 of 2022, registered for the offences punishable under Sections 493, 376, 354(B), 447, 448, 341, 323 and 34 of the Indian Penal Code.

Co-accused, Ranjan Kumar, brother of the petitioner, is said to have established physical relation with the informant on the pretext of marriage. When the informant pressurized him to marry, the petitioner, elder brother of the co-accused, entered into the house of the informant with knife and threatened her to

Patna High Court CR. MISC. No.44630 of 2022(2) dt.01-12-2022 2/3 face dire consequences.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petitions. It is further submitted that the occurrence took place on 31.03.2022 and FIR was lodged on 06.04.2022 without giving explanation for delay in lodging the FIR, which creates a serious doubt on the veracity of the prosecution case. It is submitted that the informant has not sustained any injury. It is also submitted that the specific allegation is against co-accused, Ranjan Kumar. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that there is delay in lodging the FIR without giving any explanation and the informant did not sustain any injury, let petitioner, above named, 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 learned Chief Judicial Magistrate, Motihari, District East Champaran in connection with Kesariya P.S. Case

Patna High Court CR. MISC. No.44630 of 2022(2) dt.01-12-2022 3/3 No.141 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T