Dhiraj Singh @ Dhiraj Kumar Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.41077 of 2018 (3) dt.01-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41077 of 2018 Arising Out of PS.Case No. -79 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Dhiraj Singh @ Dhiraj Kumar Singh, S/o Late Shankar Singh, Resident of Village- Fultakiya, P.S.- Kesariya, District- East Champaran (Motihari). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shivkali @ Shivkali Devi, W/o Late Rajkishore Ram, Resident of Village- Raji Nahkar (Gulwara Madhuban), P.S.- Madhuban, District- East Champaran (Motihari).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Sri Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-08-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 79 of 2014, disclosing offences under Sections 376(D), 379/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is no specific allegation against the petitioner, which is apparent form the complaint itself. Moreover, the named accused namely, Harishankar Paswan, has already been granted anticipatory bail by this Court

Patna High Court Cr.Misc. No.41077 of 2018 (3) dt.01-08-2018 in Cr. Misc. No. 52509 of 2017 and the case of the petitioner stands on better footing. No medical report is available on record to support the allegation leveled against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Judicial Magistrate, 1st Class, Sikrahna, Motihari (East Champaran), in connection with Complaint Case No. 79 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T