Rajeev Kumar @ Rajeev Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20923 of 2018 Arising Out of PS.Case No. -313 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Rajeev Kumar @ Rajeev Thakur S/o Jagdish Thakur, R/o Vill.- Vishanpur Khas Khidar, P.S.- Muffasil, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Vandana For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Muffasil P.S.Case no.313 of 2017 , registered for offences punishable under Sections 147, 149, 341, 323, 324, 354A, 354B, 379, 427, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is of trying to outrage the modesty of the sister of the informant.

Submission of the learned counsel for the petitioner is that the present case is a counter version of the earlier case lodged by the petitioner under Section 354A and other Sections of the Indian Penal code and further another accused has been granted privilege of the anticipatory bail vide order dated 20.4.2018 passed in Cr.Misc. No.23721 of 2018.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.20923 of 2018 (2) dt.30-04-2018 2/2 informant. They have opposed the prayer for anticipatory bail. Having heard both sides and in view of the fact that there is case and counter case between the parties and the present case is the counter version of the earlier case lodged by the petitioner earlier as such, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth, Samastipur in connection with Samastipur Muffasil P.S.Case no.313 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T