Mahendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39066 of 2018 Arising Out of PS. Case No.-393 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== Mahendra Sah, S/o Ganesh Sah, R/o Vill- Gadi Telwa, P.S.- Simultalla, DistJamui. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Soniya Devi, W/o Mattal Sah, R/o Gadi Telwa, P.O.- Telwa Bazar, P.S.- Simultalla, Distt- Jamui.

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in complaint case no. 393 (C) of 2018 instituted for the offence under Section(s) 323,354(B), 451, 379 of the Indian Penal Code. It is submitted that instant case is counter blast of Simultalla P.S. case no. 28 of 2016 filed by the father of this petitioner against the husband of the complainant. The aforesaid case has been committed to the Court of session vide Sessions Trial no. 543 of 2017. The instant case has been filed as a counter blast as the father of the petitioner was not ready to compromise that case for which the husband of complainant was giving pressure.

Patna High Court Cr.Misc. No.39066 of 2018(2) dt.05-07-2018 2/2 In the instant complaint petition there is general and omnibus allegation against petitioner.

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 complaint case no. 393 C 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 J.M.Ist Class, Jamui, 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