Devendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46311 of 2019 Arising Out of PS. Case No.-260 Year-2016 Thana- NOORSARAI District- Nalanda ====================================================== DEVENDRA CHAUHAN Son of Ram Sajivan Chauhan Resident of Village - Sirnama (Sirnawan) Tola Laxminiya Bigha, P.S.- Bena (Wena), Distt - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Lal For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Noorsarai P.S. Case No. 260 of 2016 disclosing the offence under Section 366 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner has submitted that upon completion of investigation the police have already submitted charge-sheet but the petitioner has not been sent up by the police for trial since there was no material collected in course of investigation against the petitioner. The court below has, however, taken cognizance of the offence and summoned the petitioner also and that is why petitioner apprehends arrest.

Considering the above submission and the fact that

Patna High Court CR. MISC. No.46311 of 2019(2) dt.26-07-2019 2/2 the investigation is complete, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-Vth, Jamui in Noorsarai P.S. Case No. 260 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. 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) Rajesh/- U T