Saroj Das v. The State Of Bihar

Patna High Court Cr.Misc. No.20752 of 2017 (4) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20752 of 2017 Arising Out of PS.Case No. -132 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Saroj Das Son of Bindeshwar Das Resident of Village- Morsand tole Tarbani, P.S. Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Runnisaidpur Police Station Case No. 132 of 2013, disclosing offences under Sections 341, 323, 384, 380, 504, 354 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence is of 06.05.2013 whereas the First Information Report has been lodged on 09.05.2013 after lapse of four days without explaining plausible delay, which itself creates doubt on the prosecution version. Nothing incriminating has been recovered from the

Patna High Court Cr.Misc. No.20752 of 2017 (4) dt.18-07-2017 possession of the petitioner. Moreover, there is no injury report available on the record with respect to allegation of assault. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur Police Station Case No. 132 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T