Patna High CourtCR. MISC./73544/2022bail granted

Om Prakash Chaudhary v. The State Of Bihar

2023-03-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73544 of 2022 Arising Out of PS. Case No.-216 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== OM PRAKASH CHAUDHARY Son of Suresh Prasad Chaudhary Resident of village and Post - Sahasram, Tole - Bathnaha, P.S.- Biraul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 379/504/509/427/34 and other ancillary sections of the Indian Penal Code. Prosecution case is that this petitioner abused and assaulted wife and sister of the informant and committed theft in the house.

Learned counsel for the petitioner submits that the petitioner is son of the informant and because of family feud, he has been made accused in this case. It is further submitted that there is delay of 64 days in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case.

Patna High Court CR. MISC. No.73544 of 2022(2) dt.23-03-2023 2/2 Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Biraul, Darbhanga in Biraul Police Station Case No. 216 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T