Rambabu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53999 of 2023 Arising Out of PS. Case No.-160 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== Rambabu Rai S/O Late Ramchandra Rai R/O Village- Koiriya Tola More, P.S- Madhuban, Distt.- East Champaran. ... Petitioner
Versus
The State Of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 379, 504/34 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, petitioner gave iron rod blow on the head of the informant and snatched mangal sutra from the neck of the his wife.
4. Learned counsel appearing for the petitioner submits that F.I.R. has been lodged after inordinate delay of two months without any explanation which renders the entire prosecution case doubtful. Doctor has found simple injury. Rest of the allegations are ornamental. Petitioner claims clean antecedent.
5. Considering the delay in filing the FIR and the nature of injury caused by the petitioner, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six
Patna High Court CR. MISC. No.53999 of 2023(2) dt.21-08-2023 2/2 weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Madhuban Police Station Case No. 160 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T