Delay in filing an FIR and lack of evidence against the accused can be grounds for granting bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52468 of 2021

Arising Out of PS. Case No.-106 Year-2020 Thana- MAHILA P.S. District- Patna

======================================================

ABHISHEK KUMAR SONI S/o Pravesh Sah Resident of- Near P.N. Mall,

in-front of Bharat Petrol Pump, P.S.- Patliputra, Distt.- Patna, and R/o village-

Hathisar, P.S.- Marhaura, Distt.- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Jitendra Kumar Rai

For the Opposite Party/s :

Ms.Sharda Kumari

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

2

06-01-2022

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State in virtual court

proceeding.

Let the defects, as pointed out by the office, be

removed within four weeks of start of normal functioning of the

physical court.

Petitioner seeks bail in connection with Mahila P.S.

Case No. 106 of 2020, G.R. No. 5673 of 2020 registered for the

offences punishable under Sections 498-A, 323, 34 of the IPC.

According to prosecution case, the informant was

married with petitioner on 28.04.2018 and after marriage she

starting residing in her matrimonial home where her husband,

mother-in-law started abusing and assaulting her. Later on, she

was ousted from her matrimonial home. On 22.09.2020 her

Patna High Court CR. MISC. No.52468 of 2021(2) dt.06-01-2022

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husband and other in-laws came to her natal house and assaulted

her.

Learned counsel for the petitioner submits that

petitioner is innocent and has committed no offence and he has

falsely been implicated in the present case. It is further

submitted that allegation against the petitioner is without any

evidence. He further submits that it appears from the FIR itself

that date of occurrence as mentioned in the FIR is 22.09.2020

and the present FIR has been instituted on 24.09.2020 i.e. after

delay of two days. Petitioner is in custody since 22.05.2021.

The learned Additional Public Prosecutor opposed the

prayer of bail submitting that petitioner carries one criminal

antecedent.

Considering the aforesaid facts and circumstances as

well as period of custody, let the petitioner, above named, 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 the learned Judicial Magistrate, 1^st Class, Patna in

connection with Mahila P.S. Case No. 106 of 2020, G.R. No.

5673 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

shall be properly represented on each and every date

Patna High Court CR. MISC. No.52468 of 2021(2) dt.06-01-2022

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fixed by the court and shall remain physically present

as directed by the court and on his absence on two

consecutive dates without sufficient reason, his bail

bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

evidence or the witnesses, in that case, the

prosecution will be at liberty to move for cancellation

of bail.

3. And further condition that the court

below shall verify the criminal antecedent of the

petitioner and in case at any stage it is found that the

petitioner has concealed his criminal antecedent, the

court below shall take step for cancellation of bail

bond of the petitioner. However, the acceptance of

bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

shahzad/-

(Rajesh Kumar Verma, J)

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