Patna High CourtCR. MISC./44972/2018bail granted

Ajay Sah @ Ajay Kumar v. The State Of Bihar

2018-08-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44972 of 2018 Arising Out of PS.Case No. -313 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Ajay Sah @ Ajay Kumar, S/o Mahesh Sah, R/o Mohalla- Aliganj, Thakurbari, P.S.- Mojahidpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Manoj Kumar, Advocate. For the Opposite Party/s : Smt. Sahin Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mojahidpur (Babarganj) P.S. Case No. 313 of 2017 instituted for the offence under Sections 341, 323, 354(A), 354(B), 504 and 506 of the Indian Penal Code.

Counsel for the petitioner submits that there is case and counter case between the parties. The instant case is counter blast of Mohajidpur (Babarganj) P.S. Case No. 310 of 2017 filed by the petitioner against the informant and others. The instant case has been filed by the informant as retaliation levelling general and omnibus allegation against the petitioner that he dragged the daughter of the informant inside his shop and tried to outrage her modesty.

Patna High Court Cr.Misc. No.44972 of 2018 (2) dt.08-08-2018 2/2 Considering the facts and circumstances of the case, 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 Mojahidpur (Babarganj) P.S. Case No. 313 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, Bhagalpur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.