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Patna High CourtCR. MISC./33323/2015bail granted

Sanjay Ojha v. The State Of Bihar

2015-08-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33323 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -AJIMABAD District- BHOJPUR ======================================================

1. Sanjay Ojha Son of Late Baleshwar Ojha Resident of village - Baga, P.S. Azimabad, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarveshwar Tiwary For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 354(B), 448, 504, 506, 34 of the Indian Penal Code. It is alleged against the petitioner and others that petitioner along with others assaulted the informant and pulled her sari as a result she got stripped. It is also alleged that petitioner gave life threatening to the informant on gun point.

It is submitted by learned counsel for the petitioner that for the occurrence of 11.06.2015 the First Information Report was registered on 16.06.2015 which reached to the Court of learned Judicial Magistrate, 1st Class, Ara on 18.06.2015. Hence delayed lodging of the F.I.R and

Patna High Court Cr.Misc. No.33323 of 2015 (2) dt.11-08-2015 2/2 delayed reaching of the same to the Court cloud the bona fide of the case. There is counter version of the occurrence also and petitioner's side also lodged a complaint against the informant. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the delayed lodging of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Azimabad P.S. Case No. 35 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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