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Patna High CourtCR. MISC./44507/2017bail granted

Shivdhar Yadav v. The State Of Bihar

2017-10-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44507 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -MAHILA P.S District- SUPAUL ====================================================== Shivdhar Yadav, son of Thako Yadav, Resident of Village- Pachbhinda, P.S. Marauna, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Supaul Mahila P.S. Case No. 126 of 2016 instituted for the offence under Sections 341, 323, 354, 354(A), 379, 504, 509 and 457/34 of the Indian Penal Code.

As per allegation in the written report, the petitioner along with other co-accused persons as named in the written report entered into the house of the informant and attempted to commit illegal act with her. As such, there is general and omnibus allegation against the petitioner.

It has been submitted on behalf of the petitioner that compromise has taken place between the parties. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.44507 of 2017 (3) dt.16-10-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Supaul Mahila P.S. Case No. 126 of 2016, correspondinbg to G.R. No. 2163 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, Distt. Supaul, 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) S.