Ajit Sah @ Papu Sah @ Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27076 of 2020 Arising Out of PS. Case No.-177 Year-2017 Thana- DESARI District- Vaishali ====================================================== AJIT SAH @ PAPU SAH @ AJEET KUMAR S/o Late Rambilash Sah Resident of Village-Lodipur Chakpahar, P.S.-Desari (Sahdei O.P.), DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Ms. Pushpa Sinha no. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Pushpa Sinha no. 1, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Desari PS case no. 177 of 2017 registered for the offences punishable under Sections 341, 323, 354, 379, 504/34 of Indian Penal Code.
The accusation levelled against the petitioner in the F.I.R. is that on 06.06.2017, he had caught hold of the daughter of the informant when she was alone and had engaged in eve-teasing with her, however upon alarm being raised by
Patna High Court CR. MISC. No.27076 of 2020(2) dt.13-11-2020 2/3 her, the informant had reached at the spot and caught the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is ready and willing to abide by such conditions as may be deemed fit and appropriate to be imposed upon him for the purposes of grant of bail. Per contra, the learned APP for the State vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the fact that the petitioner is having a clean antecedent and further considering the nature of allegation levelled against the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however subject to certain conditions. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with
Patna High Court CR. MISC. No.27076 of 2020(2) dt.13-11-2020 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Vaishali in connection with Desari PS case no. 177 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. This Court further directs that since the investigation of the present case is going on, the petitioner herein shall appear before the Officer-in-charge of the concerned police station on each and every Monday of the week at 10.00 AM and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-in-charge, the present privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T