Patna High CourtCR. MISC./52509/2017allowed

Harishankar Paswan v. State Of Bihar And ANR

2017-12-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52509 of 2017 (4) dt.18-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52509 of 2017 Arising Out of PS.Case No. -79 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Harishankar Paswan Son of Late Prasad Paswan Resident of Village - Fultakia, P.S. - Kesaria, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mostt. Shivkali @ Shivkali Devi Wife of Late Rajkishore Ram Resident of Village - Razi Nanhkar (Gulbara Madhuban), P.S. - Madhuban, District - East Champaran.

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 79 of 2014, disclosing offences under Sections 376 (2)(g) 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 allegation as per the complaint is serious but no F.I.R. has been lodged for the same rather a complaint case has been filed against the petitioner, which appears to be a concocted story. No medical report is

Patna High Court Cr.Misc. No.52509 of 2017 (4) dt.18-12-2017 available on record to support the allegation leveled against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahna, in connection with Complaint Case No. 79 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T