Deepak Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31040 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Deepak Kumar Ram, Son of Jageshwar Ram, Resident of Village- Fulwaria, Ward No.4, P.S.- Fulwaria, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur For the Opposite Party/s :

Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Fulwaria P.S. Case 13 of 2018 instituted for the offence under Sections 376, 506, 120(B) and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that victim lady (informant) is major. From the statement of the victim lady recorded under Section 164 Cr.P.C. it is apparent that both were known to each other. The love affairs was going on between them for the last 5-6 years which is mentioned in the FIR itself. From the written report, this Court finds that the informant has been knowing the petitioner from the last several years and after some altercation the instant case has been filed against the petitioner.

The case dairy has been received wherein the statement of the victim lady recorded under Section 164 Cr.P.C. is available wherein,

Patna High Court Cr.Misc. No.31040 of 2018(4) dt.11-07-2018 2/2 she stated that both were having love affairs for the last 5-6 years. The statement of the victim lady is available in Para-23 of the case diary.

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 Fulwaria P.S. Case 13 of 2018 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 CJM, Begusarai, 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 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) shyambihari/- U T