Dinesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62379 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- KURSAILA District- Katihar ====================================================== Dinesh Sharma S/O Late Gauju Sharma Residetn Of Village- Sameli, P.S.- Kursela, District - Katihar.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 365 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 23.08.2021, charge-sheet has been submitted in the case and has antecedent of one case. The learned counsel for the petitioner submits that the informant alleges that his son on 21.02.2021 had gone to the house of the petitioner, but he did not return. Thereafter, it is alleged that his neighbour Mahesh Sharma had seen this petitioner pulling the son of the informant outside from his courtyard. It is further alleged that the victim is still traceless.

The learned counsel for the petitioner submits that the date of occurrence is 21.02.2021 and the F.I.R. has been lodged on

Patna High Court CR. MISC. No.62379 of 2021(2) dt.23-03-2022 2/2 04.03.2021 i.e. after a delay of 12 days without any plausible explanation. The learned counsel thus submits that if the son of the informant would have been traceless as alleged in the F.I.R., then definitely the father of the informant would have approached the police station in time. The fact that there is an inordinate delay in instituting the F.I.R. that creates suspicion with regard to the prosecution case.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and there is an inordinate delay of 12 days in instituting the F.I.R. without any plausible explanation, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kursela P. S. Case No.33 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T