Patna High CourtCR. MISC./25401/2018bail granted

Santu Patel v. The State Of Bihar

2018-05-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25401 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- NALANDA District- Nalanda ====================================================== Santu Patel S/o Nawal Kishore Prasad, R/o Vill.- Dhanhara, P.S.- Silao, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Rajeev Nayan, APP 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 172 of 2017 instituted for the offence under Section 364A of the Indian Penal Code. Counsel for the petitioner submits that that the petitioner is not named in the first information report. The victim boy in his statement under Section 164 of the Criminal Procedure Code has not taken the name of this petitioner. The statement of the victim boy has been annexed as Annexure 2. It is also mentioned in paragraph 3 of the petition that the petitioner has clean antecedent. During investigation one co-accused, Ajay Kumar, gave his confessional statement before the police. He has taken the name of this petitioner for

Patna High Court Cr.Misc. No.25401 of 2018(3) dt.23-05-2018 2/2 first time on 08.11.2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Nalanda P.S. Case No. 172 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 the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code 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.