Patna High CourtCR. MISC./36995/2017allowed

Sawan Kumar v. The State Of Bihar

2017-08-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36995 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36995 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sawan Kumar Son of Bijay Kumar Singh, R/o Village- Lakhanipur, P.S.- Paharpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Tiwary For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Motihari Town Police Station Case No. 93 of 2017, disclosing offences under Sections 366(A), 372 and 375/34 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, there is general and omnibus allegation against the petitioner and no specific over act is attributed against him. As a matter of fact, the victim in her statement recorded under Section 164 Cr.P.C. has clearly stated that there was love affair between one Parwez Aalam and the

Patna High Court Cr.Misc. No.36995 of 2017 (3) dt.19-08-2017 victim and this petitioner has no concern with the alleged occurrence. Hence, the petitioner also 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, Motihari, in connection with Motihari Town Police Station Case No. 93 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T