Patna High Court - Orders
Anurag Baitha vs The State Of Bihar on 13 October, 2017
Author: Arvind Srivastava
Bench: Arvind Srivastava
Patna High Court Cr.Misc. No.33356 of 2017 (6) dt.13-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33356 of 2017
Arising Out of PS.Case No. -236 Year- 2013 Thana -RAGHUNATHPUR District- SIWAN
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1. Anurag Baitha, son of Magistar Baitha, resident of Village- Tari Bazar,
P.S.- Raghunathpur, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Mr. Sri Rajeev Nayan
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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
6 13-10-2017Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Raghunathpur Police Station Case No. 236 of 2013, disclosing offences under Sections 364 and 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, instant case has been lodged after lapse of five days without explaining plausible delay only to harass the petitioner. As a matter of fact, co-accused Malti Devi earlier filed an F.I.R. bearing Raghunathpur P.S. Case No. 122 of 2009 against the informant, which is evident from Patna High Court Cr.Misc. No.33356 of 2017 (6) dt.13-10-2017 annexure-2, and on account of that the petitioner has been made accused in this case. Hence, the petitioner who is of clean antecedent 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 A.C.J.M.-IV, Siwan, in connection with Raghunathpur Police Station Case No. 236 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/-
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