Ganaur Rai @ Ganar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42250 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Ganaur Rai @ Ganar Rai S/o late Ram Pragash Rai, Resident of VillageGidha Fulwaria, P.S.- Runnisaidpur, District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Sr. Advocate Mr. Virendra Kumar, Advocate For the Informant : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Runnisaidpur P.S. Case No. 319 of 2016, disclosing offences under Sections 376, 342, 341, 323, 504 and 506/34 of the Indian Penal Code and Section 6/7 of the POCSO Act.

The allegation against the petitioner is that the petitioner allured the victim to gain her consent for establishing physical relationship.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that the petitioner is 72 years old and allegations made in the First Information Report prima facie appear to be not probable. He has also submitted that if granted

Patna High Court Cr.Misc. No.42250 of 2016 (2) dt.05-10-2016 2/2 anticipatory bail, there is no likelihood that the petitioner would flee from the course of justice.

Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Sitamarhi in connection with Runnisaidpur P.S. Case No. 319 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T