Anuj Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38359 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -TEKARI District- GAYA ======================================================

1. Anuj Sao, Son of Rajendra Saw, Resident of Village- Mau Balapar, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Punam Devi, Wife of Binod Lal, Resident of Village- Mau Balapur, P.S.- Tekari, District- Gaya.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Tekari (Mau) P.S.Case No. 87 of 2018, registered for offences punishable under Sections 448,376, 511 and 506 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner entered into the house of the complainant and tried to commit rape upon her.

Submission of the learned counsel for the petitioner is that there is no dispute between the parties and the husband of the complainant is a driver of truck in Nagpur and later on

Patna High Court Cr.Misc. No.38359 of 2018 (2) dt.03-07-2018 2/2 Panchyati was also held, where she has not stated about to attempt of commit rape and moreover, the case has been compromised, which appears from Annexures- 2 and 3.

Heard learned A.P.P. opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Tekari ( Mau ) P.S.Case No. 87 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Gaya, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T