Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72241 of 2022 Arising Out of PS. Case No.-434 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== RANJAN KUMAR S/o Govind Mehta @ Govind Mahto R/v- Kathbar, P.S.- Madanpur, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking pre-arrest bail in connection with Madanpur P.S. Case No. 434 of 2022 registered for the offences punishable under Sections 341, 294, 323, 354(B), 506, 504, 34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that her husband used to live outside the village and she lives alone in her house. The accused persons used to talk wrong things over phone and always teased her and threatened her to take her away. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that there is no specific allegation of overt act against the petitioner and there is delay of 22 days in lodging of the F.I.R. Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.72241 of 2022(2) dt.15-05-2023 2/2 anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, there being a delay of 22 days in lodging of the F.I.R. and no specific allegation of giving specific overt act has been alleged against the petitioner, he has otherwise no criminal antecedent, in the circumstances, this Court directs that in the event of his arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 434/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T