Hare Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18695 of 2015 Arising Out of PS.Case No. -293 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Hare Krishna Singh, son of Late Phuleshwar Singh, resident of Village: Bhatti, P.S: Saur Bazar, (Patarghat O.P.), District: Saharsa. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bikramdeo Singh, Adv. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) For the Informant : Mr. Ajit Kumar singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 16-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Section 341, 323, 504, 506, 385 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act and the admitted position that it was the petitioner who had earlier filed a case on 17.6.2014 against the husband of the complainant whereafter the present case has been filed against the petitioner on 22.6.2014, this Court would find the petitioner entitled for privilege of anticipatory bail. That being so, if the petitioner, namely, Hare Krishna Singh surrenders before the court below within a period of four weeks from today, he shall 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 Shri A. Kumar, Judicial Magistrate, 1st Class, Saharsa in connection with Saur Bazar

Patna High Court Cr.Misc. No.18695 of 2015 (2) dt.16-06-2015 (Patarghat O.P.) P.S. Case No. 293 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be well represented on each and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Rishi/- U T