Patna High CourtCR. MISC./43571/2019bail granted

Budhan Sharma v. The State Of Bihar

2019-07-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43571 of 2019 Arising Out of PS. Case No.-527 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

BUDHAN SHARMA Son of Saudagar Sharma Resident of Village - Shivrajpur, P.S.- Nautan, Distt - West Champaran. 2.

Sukhari Sharma Son of Nakchhed Sharma Resident of Village - Shivrajpur, P.S.- Nautan, Distt - West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nautan P.S. Case N0. 527 of 2018, disclosing offences under Sections 365,366,355A/34 of the Indian Penal Code. The statement of the victim has been recorded under Section 164 of the Code of Criminal Procedure. Learned counsel for the petitioners submits that the victim has not disclosed the petitioners' name as one of the perpetrators of the crime. Apparently, the allegation is against one Raja Alam. I find substance in the submission advanced on behalf of the petitioners after going through the statement made under Section 164 of the Code of Criminal Procedure.

This application is allowed.

Patna High Court CR. MISC. No.43571 of 2019(21) dt.16-07-2019 2/2 Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in Nautan P.S. Case No. 527 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U