Ajay Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57903 of 2017 Arising Out of PS.Case No. -508 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Ajay Kumar Roy, Son of Anil Roy, resident of Village- Aamgachhi, Ward No.-6, P.S. - Sikti, District- Araria, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Araria (Bairgachhi) P.S. Case No. 508 of 2017 instituted for the offence under Sections-363, 366(A), 379, 120B & other minor Sections of the Indian Penal Code. It has been submitted that the victim on recovery has made statement u/S 164 Cr.P.C. in which she has not taken the name of this petitioner.

The statement of victim girl is enclosed as Annexure-2 wherein she has levelled specific allegation of overt act against coaccused Raja Sah. It further appears that there is delay of 8 days in lodging the FIR.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.57903 of 2017 (2) dt.11-12-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Araria (Bairgachhi) P.S. Case No. 508 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Araria subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T