Patna High CourtCR. MISC./53465/2017bail granted

Bipin Kumar @ Asmit Kumar v. The State Of Bihar

2017-11-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53465 of 2017 Arising Out of PS.Case No. -253 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Bipin Kumar @ Asmit Kumar S/o Bechan Yadav @ Bikan Yadav Resident of village- Machaha, P.S.- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 253 of 2017 dated 01.05.2017 instituted for the offences under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code.

The petitioner is alleged to have taken the informant/victim to the river side at about 12:30 A.M in the night on 13.04.2017. It is alleged that there, he was assaulted by the petitioner and his brother Jitendra Kumar and was also divested of Rs. 1000/-. The informant thereafter got himself treated in a private hospital.

The F.I.R was registered after about 17 days on

Patna High Court Cr.Misc. No.53465 of 2017 (3) dt.27-11-2017 2/2 01.05.2017.

Mr. Krishna Prasad Singh, learned senior counsel appearing for the petitioner submitted that the case is absolutely false. It does not appear to be probable that anybody, on the asking of the accused will come out of his house at 12:30 in the night without any plausible reason. That apart, the delay in the lodging of the F.I.R also makes the case doubtful. The petitioner is in custody since 02.08.2017 and he does not have any criminal antecedent. Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 253 of 2017.

(Ashutosh Kumar, J) Shageer/- U T