Santosh Sah @ Sintu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47641 of 2014 Arising Out of PS.Case No. -234 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== Santosh Sah @ Sintu Sah, Son of Bijay Sah, Resident of Village - Aamin, P.S. - Jamui, District - Jamui.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 23-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jamui P.S. Case No.234 of 2013 registered under Sections 436 and 406/34 of the Indian Penal Code.

The accusation against the petitioner and two other coaccused, named in the F.I.R., is to set the hut of the informant on fire due to which the property worth Rs.2,50,000/- of the informant has been damaged.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that regarding the occurrence taken place on 06.04.2013, the Complaint Case

Patna High Court Cr.Misc. No.47641 of 2014 (2) dt.23-04-2015 2/2 No.565C of 2013 was filed in the court of the Chief Judicial Magistrte, Jamui on 03.05.2013 by the complainant-informant, after about one month, regarding which no explanation has been furnished and the present F.I.R. was lodged on 17.08.2013 on the basis of the aforesaid complaint petition, which was sent to the concerned police station for investigation under Section 156(3) of the Code of Criminal Procedure. It is further submitted that the similarly situated co-accused, Vijay Sah and Mantu Sah, have already been granted anticipatory bail vide order dated 31.03.2014 passed in Criminal Misc. No.5351 of 2014 by a coordinate Bench of this Court.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within four weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No.234 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T