Pintu Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47931 of 2017 Arising Out of PS.Case No. -152 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Pintu Choudhary S/o Kameshwar Choudhary, R/o Village- Naurojpur, P.S.- Sare, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Chinta Devi, W/o Chandrika Choudhary, R/o Village- Naurojpur, P.S.- Sare, District- Nalanda.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajnish Kumar For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 152 C of 2014 instituted for the offence under Section-354 of the Indian Penal Code.
It has been submitted that the instant case has been filed by the complainant as a counter blast on account of filing of the case by father of the petitioner against the complainant and his other family members earlier to this case vide Sare P.S. Case No. 11 of 2014 registered for the offence under Sections-341, 323, 504, 34 of the Indian Penal Code and 3⁄4 of Witchcraft Act.
In the instant case, there is general and omnibus allegation against the petitioner that he had attempted to commit illegal act with the complainant.
Patna High Court Cr.Misc. No.47931 of 2017 (2) dt.17-10-2017 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 Complaint Case No. 152 Cof 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nalanda, Bihar Sharif 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