Gorelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54022 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- Balua Bazar District- Supaul ====================================================== Gorelal Sah, Son of Late Bhagwat Sah, Resident of Village- Balua Bazar (Ward No. 04), P.S. Balua Bazar, District- Supaul. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

11-09-2018 Heard Sri Arun Kumar Jha, learned counsel for the petitioner and Sri Mithilesh Kumar Khare, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Balua Bazar P.S. Case No. 14 of 2018 registered for offence under Sections 341, 323, 307, 452, 380, 427, 354(B) and 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner has taken the Court to the complaint petition, which is the basis of the F.I.R. He submits that a complaint petition, vide Complaint Case No. 1287 of 2017, was filed by the complainant against the petitioner and his son on an accusation of an occurrence, which was allegedly taken place on 04-12-2017 to 05-12-2017. The complaint for such offence was filed much belatedly on

Patna High Court Cr.Misc. No.54022 of 2018(2) dt.11-09-2018 2/2 19-12-2017, which was referred to the police under Section 156(3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") for its registration and thereafter, the present F.I.R. was lodged. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph - 3 of the petition to show that same complainant has earlier filed two cases against the petitioner.

In view of nature of accusation as well as the fact that for such offence complaint petition was filed much belatedly, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Gorelal Sah 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 learned Sub-Divisional Judicial Magistrate, Supaul in connection with Balua Bazar P.S. Case No. 14 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T