Ranjeet Kumar @ Ranjeet Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52405 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Ranjeet Kumar @ Ranjeet Kumar Pathak, S/o Mahendra Pathak @ Mahendra Kishore Pathak, R/o Village- Kesaria, P.S.- Kesaria, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tajpur P.S. Case No. 284 of 2016 instituted for the offence under Sections 354(I)(II)(IV) of the Indian Penal Code.

The informant has alleged that five years back, when she had gone to the house of the petitioner, the occurrence has taken place as mentioned in the written report.

Learned counsel for the petitioner has submitted that the instant case has been filed by sister of wife of this petitioner after grant of decree of divorce in his favour against his wife vide order dated 8.9.2016 (Annexure-2A). It has further been submitted that notice was issued to the wife of the informant about divorce case, then the instant First Information has been lodged by the informant against him and a separate case has also been filed by wife against the petitioner under

Patna High Court Cr.Misc. No.52405 of 2017 (2) dt.10-11-2017 2/2 Section 498-A of the Indian Penal Code.

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 Tajpur P.S. Case No. 284 of 2016, 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 Additional Chief Judicial Magistrate-I, Samastipur, 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) S.Ali/- U T