Chunmun Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76575 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== CHUNMUN URAON Son of Surdin Uraon @ Leda Uraon R/o- Kuba, P.S.- Nauhatta, District - Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Rohtas P.S. Case No. 262 of 2018 registered for the offence punishable under Sections 386, 395 of the Indian Penal Code, Sections 17/18 of U.A.P. Act and Section 17 of C.L.A. Act.

Learned counsel for the petitioner submits that the present FIR has been lodged after three days of the alleged occurrence. It is further submitted that no incriminating article has been recovered from his possession and he has been implicated in this case due to village politics. He is in custody since 23.09.2018.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.76575 of 2019(2) dt.11-12-2019 2/3 wherein though the informant claims that the alleged occurrence took place in the night of 19.09.2018 but the FIR has been lodged only on 22.09.2018, the allegation against the petitioner is that he had given a slap to the informant while she was sleeping and by threatening her she was made to disclose about the money kept in a box which the petitioner took away, there being delay of three days in lodging the FIR, the petitioner being co-villager and the petitioner being in custody since 23.09.2018 having no criminal antecedent, let the petitioner above named be released on bail in S. Trial No. 46 of 2019 arising out of Rohtas P.S. Case No. 262 of 2018 on furnishing of bail bond of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Xith, Rohtas at Sasaram, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.76575 of 2019(2) dt.11-12-2019 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

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