Jatashankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16897 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Jatashankar Pandey, S/o Late Ram Nath Pandey, resident of villageGyanpur, P.S.- Sinha O.P. (Barhara), District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-06-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Barhara P.S. Case No.61 of 2017 instituted for the offence under Section(s) 406, 420, 506 Indian Penal Code.

It has been submitted on behalf of the petitioner that except vague allegation of making demand of rupees five thousand by the husband of Mukhiya (petitioner) for giving benefit of Indira Awas Yojna, there is no other specific allegation against the petitioner. The occurrence is said to have taken place in 2012 and the present First Information Report has been registered after five years in 2017.

Case diary has been received. Learned APP has submitted that except oral allegation there is no other evidence

Patna High Court Cr.Misc. No.16897 of 2017 (3) dt.28-06-2017 2/2 available against the petitioner in the case diary. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Barhara P.S. Case No.61 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ara, subject to the conditions as laid down under Section 438(2) 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if 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) JA/- U T