Bengtha Sharma @ Pankaj Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.47151 of 2017 (3) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47151 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -RUPAULI District- PURNIA ======================================================

1. Bengtha Sharma @ Pankaj Sharma son of Laxman Sharma, Resident of Village- Rampur Parihar, Gorihari, P.S.- Rupauli, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Sri Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rupauli Police Station Case No. 74 of 2016, disclosing offences under Sections 376, 452 and 511 of the Indian Penal Code and Section 8 of POCSO Act.

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, a land dispute is going on between the father of the petitioner and informant's husband, which is evident from annexure-2, and in that very case husband of informant was directed by the Panch to execute the sale deed or return the amount of Rs. 8000/- which was paid by the father

Patna High Court Cr.Misc. No.47151 of 2017 (3) dt.15-11-2017 of the petitioner, which is evident from annexure-3, and on account of that the petitioner has falsely been implicated in this case. Moreover, earlier also informant has lodged a case against the petitioner and his family members, which is evident from annexure-4. Neither offence as alleged in the F.I.R. has ever taken place nor Section 376 I.P.C. is attracted in this case as there is no medical report available on record. 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 A.D.J.-1st-cum- Special Judge, Purnea, in connection with Rupauli Police Station Case No. 74 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T