Manoj Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54360 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Manoj Prabhakar, son of Rambriksha Baitha, resident of villagePaigambarpur (Gaurigama), P.S.-Goraul, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Goraul P.S. Case No.168 of 2017 instituted for the offence under Section(s) 341, 323, 354-B, 379 Indian Penal Code and 3⁄4 of Witch Craft Practices Act.

Counsel for the petitioner has submitted that occurrence is said to have taken place on 15.06.2017, whereas, First Information Report has been lodged on 11.07.2017 and no explanation of delay has been given.

In the written report, there is general and omnibus allegation against the petitioner that he forced the informant to take urine.

Counsel for the petitioner has submitted that both

Patna High Court Cr.Misc. No.54360 of 2017 (2) dt.10-11-2017 2/2 parties are Pattidar and there is land dispute between them. 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 Goraul P.S. Case No.168 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Vaishali at Hajipur, 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) JA/- U T