Sintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24925 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Sintu Singh Son of Dabblu Singh resident of village - Kumumkhar, P.S. Amarpur, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2016 The certified copy of the First Information Report of Amarpur Police Station Case No. 240 of 2015 has been filed on behalf of the petitioner, let the same be kept on record.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Amarpur Police Station Case No. 240 of 2015, disclosing offence under Sections 341, 323, 504, 386, 307/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act.

It is alleged against the accused persons that they came to the informant's house and were asking about the location of her husband. It is said that they abused the informant and assaulted the son of the brother of informant's husband and demanded a sum of Rs. 50,000/- as extortion.

Patna High Court Cr.Misc. No.24925 of 2016 (3) dt.15-07-2016 2/2 Learned Counsel appearing on behalf of the petitioner appears to be right in his submission that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegation made in the First Information Report.

This application is, accordingly, allowed.

Let the petitioner, Sintu singh, 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, Banka, in connection with Amarpur Police Station Case No. 240 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 √