Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41778 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Umesh Singh Son of Nabab Singh @ Nabba Singh, R/o Village- BharariKla, P.S.- Chand, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chand P.S. Case No. 83 of 2017 instituted for the offence under Sections-366A/34 of the Indian Penal Code.

It has been submitted that the victim girl in her statement u/S 164 of the Cr.P.C. has stated that she had gone voluntarily out of anger. She has stated her age as 18 years and the court has also assessed her age to be 18 years.

In the written report, the informant raised suspicion against the petitioner and other accused persons.

Learned counsel for the informant appears and opposes the prayer for anticipatory bail.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.41778 of 2017 (2) dt.11-09-2017 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chand P.S. Case No. 83 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateIV, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T