Patna High CourtCR. MISC./6743/2016bail granted

Sk. Tahir v. The State Of Bihar

2016-02-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6743 of 2016 Arising Out of PS.Case No. -294 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sk. Tahir son of Late Daroga Resident of Village - Siswa Sob, P.S. - Kalyanpur, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 380/ 34 of the Indian Penal Code.

The prosecution case is that the petitioner was seen taking away a box containing gold ornaments and cash of Rs. 20,000/-.

It is submitted by the learned counsel for the petitioner that for the occurrence dated 07.10. 2015 at 9 PM the FIR was registered on 08.10.2015 whereas the informant side assaulted the wife of the petitioner on 07.10.2015 at 9 AM and for that petitioner filed Kalyanpur P.S. case No. 295 of 2015 under

Patna High Court Cr.Misc. No.6743 of 2016 (2) dt.15-02-2016 2/2 sections 447, 341, 342, 379, 323, 504, 34 of the IPC and section 3⁄4 of Prevention of Witch Practices Act but the FIR of petitioner's side was registered subsequently. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation and the fact that for the earlier occurrence the FIR of petitioner was registered subsequently, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 9, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 294 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T