Anand Kumar @ Anand Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40219 of 2017 Arising Out of PS.Case No. -199 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. ANAND KUMAR @ ANAND KUMAR JHA, Son of Bipin Jha, Resident of Village- Chhapawa, Police Station- Sugauli, District- East Champaran at Motihari.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehend his arrest in connection with Sugauli P.S. Case No.199 of 2017 instituted for the offence under Sections 420, 315, 376 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
From perusal of the FIR, it appears that petitioner has established physical relationship with informant on pretext that they are husband and wife and thereafter she became pregnant. The petitioner gave medicine to informant due to which abortion took place.
From the written report, it appears that the physical
Patna High Court Cr.Misc. No.40219 of 2017 (2) dt.04-09-2017 2/2 relationship was established by the petitioner with informant with her consent.
In the aforesaid circumstances, the prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the Court below within six weeks from the date of receipt / production of copy of this order, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No.199 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, subject to condition as laid down u/s 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 petitioners 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.
Sanjeev/- (Sanjay Priya, J) U T