Vimlesh Kumar @ Madan Mohan @ Madan Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55592 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Vimlesh Kumar @ Madan Mohan @ Madan Mohan Singh Son of Last Deo Prakesh, R/o Village- Gandhi Nagar, P.S.- Haspura, DistrictAurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Srivastava For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Haspura P.S. Case No. 168 of 2017 instituted for the offence under Sections-452/34 & other minor Sections of the Indian Penal Code and Section-4 of POCSO Act.

It has been submitted on behalf of the petitioner that this case is counter blast of a case bearing Haspura P.S. Case No. 167 of 2017 lodged by mother of the petitioner against the informant and others.

In the instant case, there is general and omnibus allegation against this petitioner that he attempted to misbehave with the informant. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.55592 of 2017 (2) dt.22-11-2017 2/2 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Haspura P.S. Case No. 168 of 2017 to the satisfaction of Additional District & Sessions Judge-I-cum-Special Judge (POCSO), Aurangabad 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 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) A.K.V.