Akash Kumar @ Tinkle @ Twinkal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10763 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- SOHSARAI District- Nalanda ====================================================== AKASH KUMAR @ TINKLE @ TWINKAL Son of Laxmi Prasad Resident of Mohalla- Katahal Tola, P.s.- Sohsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Devi Wife of Akash Kumar Resident of Village - Katahal Tola, P.S.- Sohsarai, distt.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar Srivastava For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Sohsarai P.S. Case no. 227/2018 registered under sections 498A, 307, 324 and other allied section of the IPC.

It is submitted that this case is the third case lodged by the informant against the petitioner Counsel for the petitioner submits that informant is in habit of implicating the petitioner on extraneous consideration. Petitioner is on bail in two other cases. All efforts by learned Mediator have failed.

From the record, it appears that opposite party no.2 is represented through lawyer in the instant proceedings, however,

Patna High Court CR. MISC. No.10763 of 2019(7) dt.13-12-2019 2/3 none appeared on her behalf before the learned court below. In the instant case also none has appeared on her behalf since last date. Earlier also in the instant case, court had directed that petitioner shall not be arrested during the pendency of the instant proceedings. Submission is of false implication to harass the petitioner.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsarif in Sohsarai P.S. Case no. 227/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.10763 of 2019(7) dt.13-12-2019 3/3 bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T