Bindeshwari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52825 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bindeshwari Sah, S/o Late Budhan Sah, R/o village- Rampurwa, P.S. Mainatand, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mainatand P.S. Case No. 101 of 2017 instituted for the offence under Sections 420,406,504,506/34 of the IPC.

It is alleged in the written report that the petitioner got the land of the informant sold and took Rs. 4,00,000/- with promise to return the money whenever the informant require. It is further alleged that the petitioner mentioned about the cost of Rs. 1,60,000/- in diary of informant and told the informant that he had mentioned 4,00,000/- in the diary.

Learned counsel for the petitioner has submitted that occurrence has taken place about 4 years back. There is no any supporting document except the diary of the informant. From the written report, it appears that the money is

Patna High Court Cr.Misc. No.52825 of 2017 (7) dt.16-01-2018 2/2 alleged to have been taken by this petitioner 4 years back. 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mainatand P.S. Case No. 101 of 2017 to the satisfaction of learned S.D.J.M., Bettiah, West Champaran 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.