Charitra Nishad v. The State Of Bihar

Patna High Court Cr.Misc. No.18576 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18576 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Charitra Nishad, Son of Batoran Nishad, resident of Naya Kasha Diyara, P.S. Maranchi District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 27.09.2016 in connection with Barauni (Chakiya) P. S. Case No. 277 of 2016 registered for offences punishable under Section 364 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the allegation against the petitioner is false and concocted and he has committed no offence. He submits that F.I.R. has been lodged after delay of eleven days and there is no satisfactory explanation. In fact, earlier the prayer for bail of this petitioner was refused by this Court in Cr. Misc. No. 55050 of 2016 with observation that prayer for bail may be considered after framing of charge. Charges

Patna High Court Cr.Misc. No.18576 of 2017 (2) dt.19-04-2017 have now been framed in this case and the petitioner is rotting in custody for the last six months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IVth, Begusarai in connection with S.Tr. No. 161 of 2017 arising out of Baruni (Chakia) P.S. Case No. 227 of 2016. (Arvind Srivastava, J) brajesh/- U T