Naresh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 71481 of 2018 Arising Out of PS. Case No.-1463 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Naresh Sah, Son of Budhan Sah, Resident of Village- Kewal Fariyata, P.S.- Khaira, District- Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sarojani Devi, W/o Nageshwar Sah, R/o Vill- Kewal Fariyata, P.S.- Khaira, Distt- Jamui.

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks anticipatory bail in a case registered under Sections 354B, 380 and 451 of Indian Penal Code. It is submitted by the petitioner's counsel that the parties are relatives and that the case has been lodged to settle the dispute between the parties. The allegations regarding molesting has been added only to make the allegations grievous. There is no injury report to corroborate the allegations and the entire prosecution case is false and fabricated. Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.71481 of 2018(3) dt.20-12-2018 2/2 allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Complaint Case No 1463C of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T