Patna High CourtCR. MISC./33380/2017allowed

Golu Kumar v. The State Of Bihar

2017-12-01Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.33380 of 2017 (4) dt.01-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33380 of 2017 Arising Out of PS.Case No. -504 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Golu Kumar Son of Sri Ramji Prasad Resident of Village - Basantpur, P.S. Basantpur, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Shikarpur Police Station Case No. 504 of 2016, disclosing offences under Sections 420, 376, 504/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence is said to have been taken place on 01.03.2016 whereas the instant F.I.R. has been lodged on 02.12.2016 after lapse of nine months, which itself creates doubt over the prosecution version. There is no medical paper available on record with regard to treatment of

Patna High Court Cr.Misc. No.33380 of 2017 (4) dt.01-12-2017 daughter of the informant. Hence, the petitioner who is of clean antecedent deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur Police Station Case No. 504 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T