Bal Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55048 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Bal Krishna Paswan, Son of Chitranjan Paswan, Resident of Village Alamnagar, P.S. Alamnagar, District Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate. For the Opposite Party/s : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Alamnagar P.S. Case No. 153 of 2017 instituted for the offence under Sections 363 and 366A/34 of the Indian Penal Code.

It has been submitted that petitioner is named in the First Information Report, but the victim girl after recovery, has not taken the name of this petitioner in the statement under Section 164 Cr. P.C. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2. It has further been submitted that three accused persons who have been named by the victim girl in her statement under Section 164 Cr. P.C. have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.09.2017 passed in Cr. Misc. 40796 of 2017. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.55048 of 2017 (2) dt.16-11-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Alamnagar P.S. Case No. 153 of 2017, 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 learned Chief Judicial Magistrate, Madhepura, Distt. Madhepura, 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) S.Ali/- U T