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Patna High CourtCR. MISC./23422/2018bail granted

Prince Kumar v. The State Of Bihar

2018-04-19Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23422 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- MADANPURA District- Aurangabad ====================================================== Prince Kumar, Son of Dilip Singh @ Dilpi Singh, Resident of VillageRachaul, P.S. Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Madanpur P.S. Case No. 48 of 2018, instituted for the offence under Sections 354(A) of the IPC read with Section 66-E,67,67-A of the I.T. Act.

In the written report, it is alleged that the informant came to know that a fake ID has been created in her name but the body is of someone else. She has further alleged that the aforesaid act has been done by the petitioner Prince Kumar and Shashi Kumar. It has been further alleged that the fact about making of fake ID was given to informant by one Jitu Kumar. Learned counsel for the petitioner has submitted that aforesaid Jitu Kumar has not been examined by police

Patna High Court Cr.Misc. No.23422 of 2018(2) dt.19-04-2018 2/3 during the course of investigation. It has been further submitted that the mobile number which is mentioned in the FIR does not belong to the petitioner rather it belongs to Shashi Kumar. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Madanpur P.S. Case No. 48 of 2018, to the satisfaction of the learned CJM, Aurangabad, subject to condition as laid down u/S 438

(2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T

Patna High Court Cr.Misc. No.23422 of 2018(2) dt.19-04-2018 3/3