Binod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25706 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================
1. Binod Sah son of Dilip Sah resident of mohalla - Laheri Tola, behind Purana Jute Mill, P.S. Katihar (Nagar), District - Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the parties.
This application for anticipatory bail arises out Katihar (Nagar) P.S. Case No. 182 of 2017, disclosing offences under Sections 376/511/323/325 of the Indian Penal Code. Learned counsel for the petitioner has submitted that allegation against the petitioner is of having made attempt to commit rape. He has submitted that since there is a dispute over passage of land between the petitioner and informant's side, false case has been instituted. It has also been submitted that the petitioner has no criminal antecedent and there is no likelihood that the petitioner would be fleeing from the course of investigation and trial.
Considering the above submission, this application is
allowed. Let the petitioner in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Chief Judicial Magistrate, Katihar in Katihar (Nagar) P.S. Case No. 182 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U