Bachau Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47929 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Bachau Ram Son of Late Lal Muni Ram Resident of Village- Chhotaki Kulhadiya, P.S. - Mohania, District - Kaimur At Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2024 Heard learned counsel for the Petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 266 of 2024 dated 28.04.2024 registered for the offences punishable under Sections 341, 323, 354, 379 and 504 of the Indian Penal Code.
3. Mr. Pawan Kumar Singh, learned counsel appearing for the petitioner submits that there is a delay of six days in lodging of the FIR and the prosecution's story is totally false and narrated afterthought and the petitioner has been falsely implicated with malice intentions. It is further submitted that no occurrence of assault or use of criminal force to outrage the modesty of the informant has taken place, so it is clear that sections 354 and 379 of IPC are only added to make the case
Patna High Court CR. MISC. No.47929 of 2024(2) dt.19-08-2024 2/2 serious and non bailable. It is further submitted that the petitioner is a fifty seven year old person and both the parties are living in common courtyard and they are relatives.
4. Mr. Jitendra Kumar Singh, learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Having considered the nature of allegation appearing against the petitioner as well as the submissions noted above, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Mohania P.S. Case No. 266 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T