Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12213 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -GOVINDPUR District- NAWADA ======================================================

1. Ganesh Kumar S/o Haridwar Ram, R/o Village/Mohalla- Jethsari, P.S.- Govindpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Govindpur P.S. Case No. 58/2017 instituted for the offences under Sections 354, 354(A) and 354(D) of the Indian Penal Code as well as Sections 8 and 12 of the POCSO Act.

It is alleged in the written report that the petitioner tried to outrage the modesty of the informant. Learned counsel for the petitioner has submitted that the occurrence took place on 16.06.2017 but the F.I.R. lodged after delay of four days, i.e. on 20.06.2017. Both the parties are next door neighbours. A supplementary affidavit has been filed stating therein that compromise has taken place between the

Patna High Court Cr.Misc. No.12213 of 2018 (3) dt.02-05-2018 2/2 parties.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in Govindpur P.S. Case No. 58/2017, 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 learned 1st Additional Sessions Judge-cum-Special Judge, Nawada, subject to the conditions as laid down under Section 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 tamper 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.)