Gandhi Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37443 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -BHORE District- GOPALGANJ ====================================================== Gandhi Rajbhar S/o Shivnath Rajbhar R/o village - Sisawariya, P.S. Bhorey, District Gopalganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harendra Prasad, Adv For the Opposite Party/s : Mr. Sri Ram Bachan Singh,App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 363, 363A, 364, 370, 371, 372 and 34 of the Indian Penal Code.
Heard learned counsel for the petitioner.
It has been submitted on behalf of the petitioner that there is delay of eight months in lodging the complaint case. No explanation for such delay has been given from the prosecution side. The independent witness in his statement before the police during investigation has not supported the case of the petitioner. It has also been submitted that there is land dispute between the parties.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there
Patna High Court Cr.Misc. No.37443 of 2016 (4) dt.17-01-2017 2/2 is nothing against the petitioner and there is delay of eight months in lodging the F.I.R., let above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj, in connection with Bhorey P.S. Case no. 164 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also with conditions that he shall cooperate with the police in the investigation and shall appear before the police as and when required.
(Vinod Kumar Sinha, J) sudip/- U T