Puran Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34563 of 2017 Arising Out of PS.Case No. -237 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Puran Choudhary, Son of Babulal Chaudhary, R/o Village- Bikramshila Basti, P.S.- Kotwali (Tilka Manjhi), District- Bhagalpur (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali (Tilaka Manjhi) P.S. Case No. 237 of 2017 instituted for the offence under Sections 376, 420, 341, 323, 304, 506 and 509 of the Indian Penal Code.

As per written report co-accused Jai Prakash Chaudhary @ Viru established physical relationship with the informant on pretext of performing marriage with her and later on, she became pregnant.

The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 in which she has levelled similar allegation against Jai Prakash Chaudhary @ Viru as alleged in the written report. This petitioner is said to be the

Patna High Court Cr.Misc. No.34563 of 2017 (2) dt.25-07-2017 2/2 father of Jai Prakash Chaudhary @ Viru.

In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 237 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 learned Chief Judicial Magistrate, Bhagalpur, 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