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Patna High CourtCR. MISC./65964/2019allowed

Dinesh Lal Harizan v. The State Of Bihar

2019-12-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65964 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== DINESH LAL HARIZAN Son of Mahendra Lal Harijan Resident of Village - Haruwadanga, P.S. - Dighalbank, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence took place on 07.05.2019 whereas the F.I.R. has been lodge on 17.05.2019 after lapse of 10 days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the petitioner has already communicated about the missing of her wife to the concerned police station which is evident from paragraph-

Patna High Court CR. MISC. No.65964 of 2019(4) dt.04-12-2019 2/2 43 of the case diary. The petitioner is rotting in judicial custody since 19.05.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Sessions Judge, Kishanganj in connection with S.T. No. 135 of 2019 (arising out of Dighalbank P.S. Case No. 30 of 2019.

(Arvind Srivastava, J) brajesh/- U T