Chakradhar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7337 of 2016 Arising Out of PS.Case No. -16 Year- 2014 Thana -KAJRA District- LAKHISARAI ====================================================== Chakradhar Sharma .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 435 and 436/34 of the Indian Penal Code.
The prosecution case is that at midnight of 03.04.2014, the miscreants set the house of the informant on fire. The petitioner and others were seen fleeing away from the place of occurrence by the mother of the informant. The house hold article of the informant got perished due to setting the house on fire. It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled. The reason for raising suspicion is that 144/145 Cr. P.C. proceedings were pending between the parties from before. For the occurrence of 03.04.2014 at midnight, the FIR was lodged on 04.04.2014 at
Patna High Court Cr.Misc. No.7337 of 2016 (2) dt.18-02-2016 2/2 10.30 AM, hence it cannot be said that with due deliberation, the FIR got registered even then only suspicion was raised. Other similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 3065 of 2015. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai in connection with Kajra P.S. Case No. 16 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T