Patna High CourtCR. MISC./7559/2016bail granted

Nagendra Sah v. The State Of Bihar

2016-03-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7559 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Nagendra Sah Son of Late Chulhai Sah Resident of village - Hirauta Jhanda Bazar, Police Station - Triyani, District - Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Verma For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Triyani Police Station Case No. 87 of 2015, disclosing offences under Sections 147, 148, 323, 354, 376 and 511 of the Indian Penal Code.

Learned Counsel for the petitioner appears to be right in his submission that on the basis of the allegation made in the First Information Report, no offence under Section 376 of the Indian Penal Code is made out. From the First Information Report, it appears that out of intra-family dispute, the present First Information Report has been instituted.

Patna High Court Cr.Misc. No.7559 of 2016 (2) dt.17-03-2016 2/2 Considering the facts and circumstances of the case, this application is allowed.

Let the petitioner, Nagendra Sah, 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, Sheohar, in connection with Triyani Police Station Case No. 87 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √