Patna High CourtCR. MISC./27976/2017allowed

Indal Sahni v. The State Of Bihar

2017-09-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.27976 of 2017 (3) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27976 of 2017 Arising Out of PS.Case No. -222 Year- 2013 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Indal Sahni, Son of Rambrikh Sahni, resident of Village Dih Jeever, P.S. Hothori District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Aurai Police Station Case No. 222 of 2013, disclosing offences under Sections 366/34 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, occurrence is of 19.08.2013 whereas complaint has been lodged on 23.08.2013 after lapse of five days without explaining the plausible delay, which itself creates doubt on the prosecution version. As a matter of fact, the victim in her statement recorded under Section 164 Cr.P.C. has disclosed a different story which does not support the allegation

Patna High Court Cr.Misc. No.27976 of 2017 (3) dt.20-09-2017 leveled in the complaint. 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 Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Aurai Police Station Case No. 222 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T