Sanjeev Pan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34321 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -BUNIADGANJ District- GAYA ====================================================== Sanjeev Pan, Son of Basant Pan @ Basant Ram, Resident of Near Durgasthan, Tanti Tola- Manpur, P.S.- Buniyadganj, District- Gaya, at present posted as Junior Engineer Indian Railway, Gauhati. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Buniyadganj P.S. Case No. 137 of 2016 instituted for the offence under Sections 354 and 34 of the Indian Penal Code.

As per allegation in the written report, the petitioner along with his associates committed mental torture to the complainant by sending the blank messages and calls on her Mobile phones. The counsel for the petitioners has submitted that all the mobile numbers as mentioned in the written report are different mobile numbers and none of them belong to the petitioner. It has further been submitted that the informant has also filed a case against the petitioner earlier vide Buniyadganj P.S. Case No. 108 of 2013 in which the petitioner has been granted bail.

The petitioner is working in Railway and he has no

Patna High Court Cr.Misc. No.34321 of 2017 (2) dt.24-07-2017 2/2 concern with the aforesaid offence as alleged by the informant. Considering the facts and circumstances of the case, 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 Buniyadganj P.S. Case No. 137 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 Sub Divisional Judicial Magistrate, Gaya, 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.