Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10460 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Arun Kumar, S/o Natheshwar Yadav, R/o Village- Ram nagar, P.S.- Janaki Nagar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Jankingar P.S. Case No.177 of 2017 instituted for the offence under Section(s) 341, 323, 354-A, 353, 504, 506 Indian Penal Code. Allegation in the written report against the petitioner, who is Block Teacher posted in the school of the informant, is that he misbehaved with her on 27.07.2017 and attempted to outrage her modesty. The informant raised objection then he threatened her of dire consequences.

Learned counsel for the petitioner has submitted that the matter was enquired by the Principal of the school, who sent the report dated 06.12.2017 to the BDO, wherein, it has been mentioned that the petitioner is a strict teacher and, therefore, he has been named by the informant. Counsel for the petitioner has

Patna High Court Cr.Misc. No.10460 of 2018 (2) dt.27-02-2018 2/2 further submitted that certificate has also been given by Mukhiya (Annexure-4) stating that the petitioner is of good character. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jankingar P.S. Case No.177 of 2017, 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 the Judicial Magistrate, 1st class, Purnea, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.