Sadhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3554 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -DULHIN BAZAR District- PATNA ====================================================== Sadhu Kumar , aged about 28 years Son of Sri Binod Prasad Resident of Village: Lala Bhadsara, P.S: Dulhin Bazar, Distt: Patna, Bihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 341, 323, 354-A, 354-B, 376, 511 and 34 of the Indian Penal Code.

It has been submitted that the present case is a counter blast of Complaint case No. 542 (C) of 2016 filed by the grand mother of the petitioner on 31.05.2016. It has further been submitted that the occurrence is alleged to have been taken place on 02.05.2016 but the case was filed on 10.06.2016, after delay of more than one month and no valid explanation has been given for filing the instant case after such delay.

From the allegation, it appears that the mother of the

Patna High Court Cr.Misc. No.3554 of 2017 (2) dt.09-02-2017 2/2 victim has filed case alleging that on the date of occurrence, this petitioner misbehaved with her daughter with intention to commit illegal act. In the written report, the date of occurrence is 02.05.2016 but the case has been instituted on 10.06.2016. It is admitted position that earlier to this case, the Complaint Case No. 542 of 2016 was filed by one Sharda Devi against the informant as well as victim of this case for the offence under Sections 323, 324, 325, 384, 379, 307, 504 and 34 of the Indian Penal Code, which was sent to Police Station by learned Chief Judicial Magistrate under Section 156(3) of the Cr.P.C. vide order dated 01.06.2016.

Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Dulhin Bazar P.S. Case No. 98 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

(Sanjay Priya, J) Amit/- U T