Angad Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18354 of 2018 Arising Out of PS.Case No. -396 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Angad Das, Son of Late Dhori Das, Resident of Village Sajua, P.S.- Asharganj, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sultanganj P.S.Case No. 396 of 2017 registered under Sections 307, 34, 376 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act. It is submitted by the learned counsel for the petitioner that neither the allegation of rape nor any allegation of penetrative sexual assault has been leveled against the petitioner in the FIR and the FIR has mechanically been instituted by the Officer-in-Charge of Sultanganj Police Station without looking into the contents of the allegation. It is further submitted that from the allegations leveled it cannot be said that even a case under Section 307 of the Indian Penal Code is made out as there is no

Patna High Court Cr.Misc. No.18354 of 2018 (2) dt.05-04-2018 2/2 intervening circumstances and if the petitioner intended to kill his daughter, he could have easily killed her, but neither any injury has been found on the person of the informant nor she was even examined medically.

Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioner. However, he concedes that there is no allegation of rape or penetrative sexual assault.

Having regard to the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Bhagalpur in connection with Sultanganj P.S.Case No. 396 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T