Gyaneshwar Prasad Singh @ Gyaneshwar Narayan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.45381 of 2014 (3) dt.29-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45381 of 2014 Arising Out of PS.Case No. -127 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Gyaneshwar Prasad Singh @ Gyaneshwar Narayan Singh Son of Chandeshwar Singh resident of village + P.S.- Vaishali, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Gopesh Kmar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 127/2014 registered for the offences punishable under Sections 376/511 of Indian Penal Code. Learned counsel for the petitioner submits that the entire case has been filed against the petitioner only because the petitioner's father had filed a case against the Thana In-charge of the concerned Police Station and as a sequel thereto, the said First Information Report has been engineered only to harass and humiliate his family. It is further submitted that the petitioner is an employee of Kalpataru Power Transmission Limited and is posted at Bombay and had come here on leave. He further submits that he is a responsible person of thirty-five years being a

Patna High Court Cr.Misc. No.45381 of 2014 (3) dt.29-04-2015 father of three children. It is further submitted that the informant's father had also a personal grudge against the family members of the victim. It is further submitted that prior to the date of occurrence, the crops of the petitioner's family had been damaged by the goats of the father of the victim girl for which he had been fined at the instance of the petitioner and his family. Learned counsel for the State submits that apart from what has been stated in the First Information Report, there is nothing so as to implicate the petitioner in the present case.

Considering the aforementioned submissions and also the fact that apart from one case registered against him there is no other case against the petitioner, let the petitioner, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur, in connection with Vaishali P.S. Case No. 127of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.