Mahesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50217 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Mahesh Singh Son of Ramchandra Singh Resident of Village - Paharpur Manorath, P.S.- Sahebganj, District - Muzaffarpur. 2.

Ravindra Singh Son of Ramchandra Singh Resident of Village - Paharpur Manorath, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2021 Vide order dated 08.10.2021 prayer for anticipatory bail of petitioner No.2 Ravindra Singh was dismissed as withdrawn.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code. Later on offences under Sections 376(d)/449/504/506/120B of the Indian Penal Code, Sections 4/6/8 of the POCSO Act and Section 67 of the I.T.

Patna High Court CR. MISC. No.50217 of 2021(3) dt.16-12-2021 2/3 Act were added.

Submission is that petitioner Mahesh Singh is not named in the FIR whereas others are named therein. After investigation police submitted final form against the FIR named accused persons. In the protest petition filed by the informant the petitioner was cited as prosecution witness. Considering the nature of material, let petitioner Mahesh Singh, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sahebganj P.S. Case No.19 of 2021, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.50217 of 2021(3) dt.16-12-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T