Ravi Shanker Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5054 of 2015 Arising Out of PS.Case No. -204 Year- 2014 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Ravi Shanker Sharma Son of Jyotish Sharma Resident of Datiya, P.S. Balrampur, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate. For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioner apprehends his arrest in Balrampur P.S. Case No. 204 of 2014, registered for the offences punishable under Sections 354, 452, 341, 323, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that on 16.05.2013, the petitioner entered into her house and tried to put vermillion on the head of her daughter Punam Kumari.

Learned counsel for the petitioner submits that the date of occurrence is 16.05.2013, but the informant lodged the case on 24.11.2014 only after 11⁄2 years of the occurrence. The informant filed on the same day Balrampur P.S. Case No. 205 of 2014 alleging therein that on 20.05.2013, his son had gone to

Patna High Court Cr.Misc. No.5054 of 2015 (2) dt.05-02-2015 hospital for treatment, but he did not return. She suspected that all the accused persons including the petitioner might have kidnapped her son.

It appears that after 11⁄2 years of the occurrence, the informant lodged this case alleging therein that the petitioner tried to put vermillion on the head of her daughter, but she did not offer any explanation for lodging the case after 11⁄2 years. Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. Case No. 204 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T