Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62790 of 2021 Arising Out of PS. Case No.-368 Year-2020 Thana- GOGRI District- Khagaria ====================================================== GOPAL SAH Son of Late Yogendra Sah Resident of Village - Rajandipur, P .S. - Sabour, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Gogri P.S. Case no. 368 of 2020 registered under sections 420, 406, 323, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the FIR which is based on complaint is lodged by son-in-law of the petitioner and according to the prosecution story, the main allegation against the petitioner is of not returning a motorcycle allegedly taken by the petitioner from the possession of the informant on the ground of nonavailability of public transportation during COVID. Further submission is that in the present case other co-accused persons have been granted bail. Daughter of the petitioner had lodged a complaint

Patna High Court CR. MISC. No.62790 of 2021(2) dt.09-06-2022 2/2 case bearing Complaint Case no.545/2012 against the informant and also filed maintenance case which are pending. Learned APP opposes the prayer for anticipatory bail. Considering the above submissions and disputed relationship between the petitioner and the informant which are merely due to petitioner's daughter being lodged maintenance case and criminal case for cruelty and the present petitioner is father-inlaw of the informant and other co-accused have been granted bail, let the above named petitioner, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case no. 368 of 2020 subject to condition as laid down under section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court. (Shailendra Singh, J) s.hassan/- U T