Rajiv Kumar Mishra @ Rajiv Mishra @ Tinku Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56128 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -BAUNSI District- BANKA ====================================================== Rajiv Kumar Mishra @ Rajiv Mishra @ Tinku Mishra, S/o Nitya Nand Mishra, R/o Village- Brahmpur, P.S.- Bounsi, District - Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bounsi P.S. Case No. 233 of 2017 instituted for the offence under Sections 419, 420 and 384 of the Indian Penal Code.

It is alleged that petitioner being the husband of Meena Kumar Sevika, Centre No. 1, within Bounsi block has been working as middle man in the office of Child Development Project Office at Bounsi. It is alleged that vide letter No. 647 dated 7.6.2012, the then District magistrate has directed to institute First Information Report against this petitioner. Learned counsel for the petitioner has submitted that vague allegation has been levelled against the petitioner. It has further been submitted that none of the Angan Bari Sevika has

Patna High Court Cr.Misc. No.56128 of 2017 (2) dt.29-11-2017 2/2 levelled any allegation against this petitioner. 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 Bounsi P.S. Case No. 233 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, Banka, 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.