Uttam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51476 of 2024 Arising Out of PS. Case No.-270 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Uttam Kumar S/o Ram Awadh Singh @ Ramaavadh Singh R/o Village- Belhar, P.S.- Darigaon, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Adv.
For the Opposite Party/s Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sasaram (Town) P.S. Case No. 270 of 2024 for the offence registered under sections 341, 354, 504, 506, 509 of Indian Penal Code lodged on 11.03.2024 by the informant Neelu Devi.
3. As per the prosecution story, the lady alleged that being known to him as she conversed for a while, he started putting pressure to have conversation daily and failure to do so, she used to be abused by this petitioner, fed up with the attitude, the FIR.
4. Learned Counsel for the petitioner submits that due to some misunderstanding, the FIR has been lodged, she is a respected neighbour and he cannot even think of doing so. It is his further assertion that if given a chance, he will not even walk towards the house of the informant and/or will ever try to have any conversation and failure to do so, if he is granted relief, the
Patna High Court CR. MISC. No.51476 of 2024(2) dt.21-08-2024 2/3 Court will be free to revoke the same upon the second complaint of the informant.
5. Learned APP for the State, Mr. Bharat Bhushan on the other hand, opposes the prayer for anticipatory bail submitting that despite being young to the lady, he used to tease her and threaten her.
6. Though the kind of allegation that has come against the petitioner, this Court was initially not inclined to extend him any relief, in view of the fact that he is of young age, do not have criminal antecedent and has given an undertaking that he under no circumstance will have any truck with the informant and failure to do so, the Court will be free to take recourse to the cancellation of his bail bond if the informant makes a complaint, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 270 of 2024 subject to condition as laid
Patna High Court CR. MISC. No.51476 of 2024(2) dt.21-08-2024 3/3 down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T