Sanjay Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23822 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23822 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Sanjay Singh, Son of Tinkouri Singh, Resident of Village- Abhaipur Kasba Tola, P.S.- Piri Bazar, District- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends his arrest in Piri Bazar P.S. Case No. 11 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant earlier filed Complaint Case No. 119C of 2016 on 12.02.2016 for the occurrence took place on 19.01.2016 on the basis of which the present FIR was lodged. The informant alleged that all the accused persons entered into her house and pulled her clothes and on protest the petitioner is said to have assaulted the daughter of the informant. Learned counsel for the petitioner submits that all the allegations are false and concocted. The petitioner is next door neighbour of the informant. The occurrence took place on

Patna High Court Cr.Misc. No.23822 of 2017 (2) dt.14-07-2017 19.01.2016 but the complaint petition, itself, was filed on 12.02.2016 i.e. after 22 days of the occurrence and this fact, itself, shows the falsity of the case.

It appears that the informant made allegation that the occurrence took place on 19.01.2016 but the complaint petition was filed after 22 days of the occurrence. The petitioner and the informant are neighbours and on petty dispute, this case has been lodged.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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, Lakhisarai in Piri Bazar P.S. Case No. 11 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T