Virendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.16515 of 2018 (2) dt.10-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16515 of 2018 Arising Out of PS.Case No. -618 Year- 2011 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. VIRENDRA SINGH son of Late Shree Ram Singh resident of V - Area, Udharpura Shabari Nagar, P.S. Rupaspur, District - Patna. ... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Ojha, Adv. For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP For the Informant : Mr. N.K. Agarwal, Sr. Adv. Mr. Binay Kumar Sinha, Adv.

Mr. Dhirendra, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner, learned Senior Advocate for the informant and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1044C of 2011 arising out of P.S. Case Dihri (Dalsingsarai) No. 618 of 2011 for the offence registered under Sections 420, 406, 467, 471 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the main allegation is against the son of the petitioner and one Anshu Ankit and not against this petitioner. Only to implicate the present petitioner, it has falsely been stated in the complaint petition that the petitioner had acknowledged the wrong committed by his son. It is further submitted that though the occurrences is of 01.04.2010, the complaint case

Patna High Court Cr.Misc. No.16515 of 2018 (2) dt.10-04-2018 has been registered as an afterthought on 05.09.2011 which shows that the entire story has been created only to implicate the petitioner and his son. It is further submitted that the entire occurrence had taken place at Gujarat and not within the State of Bihar.

Mr. N.K. Agarwal, learned Senior counsel for the Complainant seriously opposes the prayer for bail and submits that it is not a fit case for grant of anticipatory bail. Having considered the entire facts and circumstances of the case and their being no plausible explanation in delay filing the complaint petition, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Dehri bearing Trial No. 3014 of 2011 in connection with Complaint Case No. 1044 ( c ) of 2011 arising out of P.S. Case Dihri (Dalsingsarai) No. 618 of 2011, subject to the condition as laid under Section 438(2) Cr.P.C. (Anjana Mishra, J) Jagdish/- U T