M. P. Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54611 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ====================================================== M. P. Kumar, Son of Nandlal Mandal, resident of Village- Laxmipur, P.S.- Surajgaha, District- Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in Surgarha P.S. Case No.59 of 2017 for the offences under Sections 366/34 of the I.P.C. and Section 2/8 of POCSO Act.
Counsel for the petitioner has submitted that when the sister, namely, Draupadi Kumari aged about16 years had gone to attend the call of nature, her co-villager named accused Raushan Kumar along with his associates, namely, M.P.Kumar (petitioner) and others named accused persons kidnapped her. Other coaccused, Narayan Prasad and Rani Devi, have already been granted anticipatory bail by this Court vide order dated 3.8.2017 passed in Cr.Misc. No.29660/17.
Patna High Court Cr.Misc. No.54611 of 2017 (2) dt.16-11-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J.1st, Lakhisarai, in Surajgarha P.S. Case No.59/17 subject to the conditions as laid down under Section 438 (2) of 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.