Awadh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39330 of 2018 Arising Out of PS. Case No.-5 Year-2016 Thana- CHAKAI District- Jamui ====================================================== Awadh Das, S/o Sto Das @ Satya Narayan Das, R/o Gadi , P.S.- Chakai, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A and 376/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 10.01.2016 submitted by Govind Das to the Station House Officer, Chakai Police Station is to the effect that on 09.01.2016 at 10.00 A.M., the daughter of the informant, namely, Manorama Kumari, went to R. K. Memorial School, but she did not return. On search being made, she could not be traced out. It is also alleged that earlier the daughter of the informant was being teased by Rajesh Kumar Das on several occasions for which a panchayati was also held. When the informant went to the house of Rajesh Kumar Das to inquire

Patna High Court Cr.Misc. No.39330 of 2018(2) dt.09-07-2018 2/3 about his daughter then Nepal Das, the father of Rajesh Kumar Das and others abused him.

It is submitted by learned counsel for the petitioner that the FIR has been lodged with specific accusation against Rajesh Kumar Das. The petitioner is not named in the FIR, but his name sprang up at belated stage for the first time in paragraph no.33 of the case diary, as gets reflected from the impugned order. Moreover, on conclusion of investigation, the petitioner has not been sent up for trial, but differing with the final form, cognizance has been taken and process has been directed to be issued against the petitioner. Considering the same, co-accused Rajesh Kumar has been granted anticipatory bail vide Criminal Miscellaneous No.26498 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP that in the statement recorded under Section 164 of the Cr. P.C., the victim named several other persons, including the petitioner. Considering the fact that the petitioner is not named in the FIR, nor suspicion was raised against him and his name sprang up in the case at belated stage. Moreover, he has not been sent up for trial and considering the same, co-accused have been

Patna High Court Cr.Misc. No.39330 of 2018(2) dt.09-07-2018 3/3 granted anticipatory bail, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Jamui, in connection with Chakai P.S. Case No. 05 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T