← Library
Patna High CourtCR. MISC./36291/2017bail granted

Anu Kumar @ Anubhav Kumar v. The State Of Bihar

2017-09-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36291 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -DARAUNDHA District- SIWAN ======================================================

1. Anu Kumar @ Anubhav Kumar S/o Sri Bharat Kumar Pandey Resident of Gram Post - Jigrawan, Maharajganj, P.S. - Maharajganj, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Nath Rai For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Daraunda P.S. Case No. 93 of 2017 instituted for the offence under Sections-379, 385, 387 & other minor Sections of the Indian Penal Code. It has been submitted on behalf of the petitioner that now good sense has been prevailed between the parties and they have filed compromise petition in the court below vide Anneure-2 to this petition. There is allegation against this petitioner that he made demand of Rs. 3,00,000/- from the Munsi of the informant and also took him to his house forcibly.

Learned counsel for the petitioner has submitted that in fact, this petitioner has supplied stone chips to the company of the informant and made demand of the dues of the stone chips and on this point, an altercation took place. Now, good sense has prevailed between the parties and in support of this, annexure-3 has been filed.

Patna High Court Cr.Misc. No.36291 of 2017 (3) dt.01-09-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of 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 in Daraunda P.S. Case No. 93 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Siwan 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