Dada Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20393 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Dada Rai, S/o Yogeshwar Rai, R/o Village- Lal Pokhar, P.S.- Sadar Hajipur, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Anjali Kumari, d/o Naresh Mahto, residnet of village-Balwa Kuari Bishunpur Baladhari, P.S.-Sadar Hajipur, District-Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. APP For the Informant : Kumari Rashmi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Hajipur Sadar P.S. Case No.466 of 2017 instituted for the offence under Section(s) 376, 511, 354-B Indian Penal Code and Section 8/18 of the POCSO Act.
It is alleged in the written report that on the date of occurrence the petitioner and other accused persons entered into the house of the informant and misbehaved with her. They also cut the lip of the Informant and torn her clothes etc. Counsel for the petitioner has submitted that this
Patna High Court Cr.Misc. No.20393 of 2018 (5) dt.02-07-2018 2/3 case was lodged by the Informant due to land dispute. Now, good sense has prevailed between the parties and a compromise petition has also been filed in the Court below, which is annexed as Anenxure-2.
Counsel for the Informant (Opposite Party No.2) has appeared and submitted that good sense has prevailed between the parties.
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 Hajipur Sadar P.S. Case No.466 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 Additional Sessions Judge, 1st-cum-Special Judge, Vaishali at Hajipur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail
Patna High Court Cr.Misc. No.20393 of 2018 (5) dt.02-07-2018 3/3 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. (Sanjay Priya, J) JA/- U T