Chandan Kumar @ Juary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23936 of 2015 Arising Out of PS.Case No. -667 Year- 2014 Thana -PHULWARI District- PATNA ====================================================== Chandan Kumar @ Juary son of Late Lala Singh @ Mithilesh Sharma resident of Village - Biranchak, P.S. - Janipur, District - Patna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Phulwarisharif (Janipur) P.S. Case No.667 of 2014 for the offences punishable under Sections 448, 341, 323, 354, 504 and 506 of the Indian Penal Code.
The prosecution story, in brief, is that with an intention to grab the land, the husband of the informant has been killed and when no case was registered in this regard, she filed Cr.W.J.C. No. 984 of 2014 and as per direction of the Hon'ble Court, Janipur P.S. Case No. 624 of 2013 under Sections 369, 201, 120B /34 of the I.P.C. was registered and in the said case, accused Kamlesh Sharma was granted bail. It is alleged that thereafter the petitioner who is nephew (Bhatija) of said Kamlesh Sharma is
Patna High Court Cr.Misc. No.23936 of 2015 (2) dt.11-06-2015 2/3 threatening with dire consonances and also to kidnap her three daughters. On 13.10.2014 while her two daughters had gone to their school and she was sitting alone in the house, petitioner entered into her house and started to comment indecent behaviour with her and also started to tease her with a bad intention and to outrage her modesty. Anyhow the informant fled away from the clutch of the petitioner and started making hulla. It is alleged that when the informant was coming out from her house, the petitioner threatened her with dire consequences.
It has been submitted on behalf of the petitioner that as per the prosecution case, date of occurrence is 13.10.2014 whereas the present case has been instituted on 21.10.2014. However, the prosecution has not explained the delay. Further it has been submitted that the petitioner has got no criminal antecedent and he is in custody since 10.04.2015. On behalf of the State, it has been submitted that the petitioner is named in the first information report though the prosecution has not explained the delay in instituting the FIR. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jyoti
Patna High Court Cr.Misc. No.23936 of 2015 (2) dt.11-06-2015 3/3 Prakash, Judicial Magistrate, Ist Class, Patna in connection with Phulwarisharif (Janipur) P.S. Case No.667 of 2014. (Sudhir Singh, J) B.T/- U T