Patna High CourtCR. MISC./40066/2017allowed

Pappu Sharma v. The State Of Bihar

2017-09-01Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.40066 of 2017 (2) dt.01-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40066 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Pappu Sharma son of Faud Sharma resident of Village - Sota Dharahara, PS + Anchal - Kateya, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kateya Police Station Case No. 95 of 2017 corresponding to G.R. No. 1295 of 2017, disclosing offences under Sections 504, 506, 354(A), 354(C) and 354(D) 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 entire F.I.,R. has been lodged after lapse of three years from the date of alleged occurrence without explaining the plausible delay, which itself creates doubt over the prosecution version. The petitioner has been made accused in this case only on suspicion and no specific

Patna High Court Cr.Misc. No.40066 of 2017 (2) dt.01-09-2017 case is made out against the petitioner. Moreover, the parties have settled their dispute by way of compromise, which is evident from the supplementary affidavit filed by the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, 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, Gopalganj, in connection with Kateya Police Station Case No. 95 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T