Saroj Paswan @ Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6340 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Saroj Paswan @ Saroj Kumar Son of Suresh Paswan, Resident of VillageTajpur Bujurg, P.S.- Mahua, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Mahua P.S. Case No. 212/2015, disclosing offences under sections 363, 366(A), 376 and 306 of the Indian penal Code. It is submitted on behalf of the petitioner that even if the case of the prosecution is treated to be true, no offence under section 376 of the Indian Penal Code is made out. He further submits that the informant himself has stated in the First Information Report that the victim had committed suicide. There is nothing to show that the petitioner in any manner abetted commission of suicide.

After having perused the case diary and considered the

Patna High Court Cr.Misc. No.6340 of 2016 (3) dt.10-03-2016 submissions, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S.Case No. 212/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U