Ajay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51180 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Ajay Prasad, Son of Sri Ram Charitra Mahto, Resident of Mohalla Jakariapur Near Krishna Niketan School, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ram Krishna Nagar P.S. Case No. 240 of 2017, G.R. Case No. 5381 of 2017 instituted for the offence under Sections 348, 323, 354, 379, 504 and 506/34 of the Indian Penal Code.
In the written report there is general and omnibus allegation against the petitioner that he entered into the house of the informant while she was sleeping with her child and attempted to commit illegal act with her.
It has been submitted that petitioner has clean antecedent. It has further been submitted that earlier one petition was filed by the informant and the matter was settled between the parties on 8.8.2017. It has further been submitted that both
Patna High Court Cr.Misc. No.51180 of 2017 (3) dt.16-01-2018 2/2 petitioners and the informant are next door neighbours and on just small issues, this case has been filed.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ram Krishna Nagar P.S. Case No. 240 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 learned Sub Judge-XIII, Patna, 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.
(Sanjay Priya, J) S.Ali/- U T