Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42216 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Mahesh Sah, son of Bishun Sah, resident of Village - Majhauli, P.S. Bidupur, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Informant : Mr. Satya Prakash Singh, Advocate For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bidupur P.S. Case No. 199 of 2016, disclosing offences under Sections 376, 420 and 120B of the Indian Penal Code. It is alleged in the First Information Report that the petitioner and other co-accused persons attempted to force the informant into immoral trafficking by giving her false assurances. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is an Army personnel and since his family members were being harassed, he had filed a complaint case prior to lodging of the present First Information Report against the informant's family members. He has submitted that lodging of the First Information Report is out and out malicious.

Patna High Court Cr.Misc. No.42216 of 2016 (3) dt.18-10-2016 2/2 Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 199 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T