Sonal Sharma @ Sonal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7757 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Sonal Sharma @ Sonal Kumar Son of Ranjeet Sharma Resident of VillageMorwa Ray Tol, P..S-Musarigharari, Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :
Md.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Tajpur P.S. Case No. 634 of 2023 instituted under Sections 385, 387 of the Indian Penal Code lodged on 29.10.2023 by the informant, Priya Ranjan.
3. As per the prosecution story, the informant who is 'Mukhiya' of Gram Panchayat Raj Morwa Dakshini alleged that he got a call on his phone that he will be killed. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is an Engineer, opposes the illegal work of the 'Mukhiya' and as such, he has been implicated in this case.
5. Learned APP opposes the prayer for anticipatory bail.
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6. Considering the aforesaid facts as also that FIR has been lodged and ultimately he will be facing the trial, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Tajpur P.S. Case No. 634 of 2023 to the satisfaction of learned A.C.J.M.-1, Samastipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.7757 of 2024(2) dt.17-02-2024 3/3 attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T