Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30024 of 2017 Arising Out of PS.Case No. -292 Year- 2015 Thana -DARIYAPUR District- SARAN ====================================================== Rakesh Sah, S/o Late Bhagwan Sah, resident of Village- Shitalpur Kothi, P.S.- Dariyapur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Arbind Kumar Pandey, A.P.p. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Daryapur P.S. Case No. 292 of 2015 instituted for the offence under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code. There is allegation in the written report that petitioner pulled the Saree and blouse of the daughter of the informant. From the written report it appears that altercation took place for opening window and Chhajja on the land of the informant It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.30024 of 2017 (2) dt.13-07-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dariyapur P.S. Case No. 292 of 2015, 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 learned Additional Chief Judicial Magistrate-IV, Saran at Chapra, 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 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) S.Ali/- U T