P.P.BHATT - (1.) 5/ 02.05.2014 Present application has been filed under sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioner has a reasonable apprehension of his arrest in connection with P.C.R. Case No. 219 of 2007 registered for the offence punishable under section 364 of the Indian Penal Code now pending in the court of learned Chief Judicial Magistrate,Pakur.
(2.) HEARD learned counsel appearing for the petitioner as well as learned APP appearing on behalf of the State. Perused the FIR and other papers attached to this petition. Learned counsel for the petitioner submitted that petitioner is an innocent person and has been falsely implicated in the alleged crime merely on suspicion. It is further submitted that from bare reading of the complaint case prima facie it appears that ingredient of the alleged offence is not attracted against the present petitioner. It is further submitted that infact, petitioner filed an FIR on 21.2.2006 against the driver and cleaner of the truck registered for the offence punishable under sections 406/419/420/34 of the Indian Penal Code, as the truck in question of the petitioner was missing after entrustment to the driver and cleaner. It is further submitted that complaint case has been instituted subsequent to filing of the F.I.R. by the present petitioner without any basis and merely on suspicion. It is lastly submitted that the
(3.) PETITIONER is a law abiding citizen and having no criminal antecedent and is ready and willing to cooperate with investigation of the case and shall abide the terms and conditions that may be imposed by this court and therefore, the petitioner may be granted anticipatory bail.;