Sitaram Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56165 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== SITARAM RAM Son of Late Sihvji Ram Resident of Village - Raghunathpur Jagdish, P.S.- Mushahari, Distt - Muzaffarpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bela P.S. Case No. 34 of 2018 for the offence punishable under Sections 341, 342, 328, 376, 447, 504 and 506/34 of the Indian Penal Code.

It is alleged in the First Information Report that on 10.07.2018, under the pretext of taking the informant to the place where the Bank was located and where the informant had to go, the petitioner made the informant consume some intoxicating material, whereafter she became unconscious. Allegedly, the petitioner physically abused her. 12 days thereafter, the son and daughter of the petitioner are said to have complained to the informant about the illicit relationship which she was having with their father, they are said to have hurled

Patna High Court CR. MISC. No.56165 of 2019(2) dt.05-09-2019 2/2 abuses on the informant.

Learned counsel appearing on behalf of the petitioner has submitted that delay of more than 12 days in lodging of the First Information Report casts serious doubt over the case of the prosecution.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Muzaffarpur, in Bela P.S. Case No. 34 of 2018, subject to the conditions as 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) Pawan/- U T