Gopal Rishideo @ Gopal Kumar Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46054 of 2017 Arising Out of PS.Case No. -109 Year- 2015 Thana -BAUNSI District- ARRARIA ====================================================== Gopal Rishideo @ Gopal Kumar Rishideo, Son of Rajan Rishideo @ Rajendra Rishideo, Resident of Village-Deoasthal, Police Station-Bounsi, District-Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bounsi P.S. Case No. 109 of 2015 instituted for the offence under Sections 363, 366A and 120B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that initially Police did not submit charge sheet against the petitioner. Thereafter, Police submitted Final Form finding no material against the petitioner.

The court below after differing with the Final Form has taken cognizance against the petitioner along with two persons namely, Pappu Rishideo and Bhallu Rishideo against whom the charge sheet has been submitted.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.46054 of 2017 (3) dt.16-10-2017 2/2 other co-accused person with similar allegation has been granted anticipatory bail by this Court vide order dated 07.08.2017 passed in Cr. Misc. 29543 of 2017.

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 Bounsi P.S. Case No. 109 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-VI, Araria, 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