Santosh Sah @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82715 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== SANTOSH SAH @ SANTOSH KUMAR SON OF BIJENDRA SAH RESIDENT OF VILLAGE - FARHANGPUR, P.S. - CHANDI, DISTRICT - BHOJPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navin Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 504, 506 of the Indian Penal Code and Section 3 of the Witchcraft Act.
3. As per prosecution case, on 06.08.2023 at about 08:00 PM when the informant was sitting at her door, all the accused persons including this petitioner came and called her daain and when her husband opposed, this petitioner hit him on his chest and co-accused Chhatish Sah snatched the gold chain and tried to strangulate the informant.
4. It is submitted that petitioner has falsely been implicated in this case due to prior enmity. Uncle of the
Patna High Court CR. MISC. No.82715 of 2023(2) dt.18-01-2024 2/2 petitioner has lodged Chandi P. S. Case No. 204 of 2023 against the son of the informant and others prior to the present case and to save their skin from that case, this false and concocted case has been lodged against the petitioner. No such occurrence, as alleged, has ever taken place. Petitioner claims clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 5th, Bhojpur at Ara in connection with Chandi P. S. Case No. 207 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T