Patna High CourtCR. MISC./43271/2017allowed

Bipin Sah v. The State Of Bihar

2017-11-02Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.43271 of 2017 (3) dt.02-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43271 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -MAHILA P.S. District- BANKA ======================================================

1. Bipin Sah, son of Suresh Sah, Resident of Village- Baratikar, Police Station- Rajoun, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Banka Mahila Police Station Case No. 29 of 2017, disclosing offences under Sections 452, 354, 354(B), 341, 323, 504, 506, 34 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 alleged occurrence is of 24.06.2017 whereas the F.I.R. has been lodged on 01.07.2017 after lapse of one week without explaining the plausible delay, which itself creates doubt over the prosecution version. Moreover, the informant happens to be aunt of the petitioner and

Patna High Court Cr.Misc. No.43271 of 2017 (3) dt.02-11-2017 both of them have earlier dispute for which the father of the petitioner has lodged a complaint against the informant and her family members and on account of that the petitioner has falsely been implicated in this case. Hence, the petitioner also 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, Banka, in connection with Banka Mahila Police Station Case No. 29 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T