Jitendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51806 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.
JITENDRA SINGH S/o Aanandi Singh R/o village- Rabio, P.S.- Sirdda, District- Nawada 2.
Pintu Singh S/o Aanandi Singh R/o village- Rabio, P.S.- Sirdda, DistrictNawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
:
Mr. Sheo Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 457, 427, 323, 354, 354A, 379, 337 and 34 of the Indian Penal Code. The informant alleges that the accused persons including the petitioners with an intention to grab her ancestral property came to her house and assaulted her and her minor brother-in-law, further her husband lives in Delhi to earn livelihood. Learned counsel for the petitioners submits that petitioners have antecedent of one case and the said case was also instituted by the present informant and have been falsely implicated in the present case, it is next submitted that the date of occurrence is 10.03.2022 and the FIR came to be instituted after a delay of more
Patna High Court CR. MISC. No.51806 of 2022(2) dt.10-11-2022 2/2 than 30 days i.e., 11.04.2022, without any plausible explanation which creates doubt with regard to the veracity of the allegation as alleged.
Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that there was an inordinate delay in instituting the FIR.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sirdalla P.S. Case No. 166 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T