Jai Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57151 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- AANDAR District- Siwan ====================================================== 1.
JAI PRAKASH SINGH Son of Hari Lal Singh Resident of village - Kaji Patiawn, P.S.- M.H. Nagar, Distt.- Siwan.
2.
HARI LAL SINGH SON OF LATE LAKHI SINGH Resident of village - Kaji Patiawn, P.S.- M.H. Nagar, Distt.- Siwan. 3.
AJAY KUMAR SINGH SON OF RAJ KUMAR SINGH Resident of village - Kaji Patiawn, P.S.- M.H. Nagar, Distt.- Siwan. 4.
RAJ KUMAR SINGH SON OF LATE RAM BALAK SINGH Resident of village - Kaji Patiawn, P.S.- M.H. Nagar, Distt.- Siwan. 5.
KABUTARA DEVI W/O HARI LAL SINGH Resident of village - Kaji Patiawn, P.S.- M.H. Nagar, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant alleges that on 05.07.2021 while she was going to attend nature's call, petitioner no.1 followed her and spoke to her in an obscene language and even tried to hold her but she
Patna High Court CR. MISC. No.57151 of 2021(2) dt.06-07-2022 2/3 anyhow managed to save her modesty and fled from the place of occurrence. It is further alleged that when she came back home and disclosed the occurrence to her family members and when they protested, it is alleged that the accused persons assaulted the family members including the informant.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.5 is a women of 50 years of age. It is further submitted that the petitioners and informant are agnates, the date of occurrence is 02.07.2021 and the F.I.R. was instituted on 28.07.2021 i.e., after a delay of 26 days without any plausible explanation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners and the fact that there was an inordinate delay in instituting the F.I.R. without any plausible explanation, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor
Patna High Court CR. MISC. No.57151 of 2021(2) dt.06-07-2022 3/3 court in connection with Andar (M.H. Nagar) P.S. Case No. 133 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T