Jeevan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76814 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Jeevan Singh Son of Anil Singh, Resident of Village-Chand Parsa, P.S.- Sindhwaliya, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mahila Police Station Case No. 10 of 2018, disclosing offences under Sections 364/376/506/120B/34 of the Indian Penal Code and Section 67A of the I. T. Act, 2000. Learned Counsel appearing on behalf of the petitioner submits that based on the investigation, the Police have submitted report, under Section 173 of the Code of Criminal Procedure, 1973, wherein charge sheet has been submitted against co-accused, Brajesh Kumar Singh, only and no evidence has been found by the police to connect this petitioner with the offence alleged. The Court below has, however, differing with

Patna High Court Cr.Misc. No.76814 of 2018(2) dt.11-01-2019 2/2 the report, has taken cognizance and summoned the petitioner also. It is also his submission that similar circumstanced coaccused Chandan Dubey has been granted anticipatory bail by the Court below.

Considering the above submissions, this application is allowed.

Let the petitioner, Jeevan Singh, in the event of his arrest or surrender before the Court below within six weeks, be released 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, Saran,, in connection with Mahila Police Station Case No. 10 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √