Pankaj Ray @ Pankaj Rai @ Pankaj Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59793 of 2017 Arising Out of PS.Case No. -274 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Pankaj Ray @ Pankaj Rai @ Pankaj Raj, Son of Bindeshwar Ray, Resident of Village- Raghuwarpur, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Dalsingsarai P.S. Case No. 274 of 2017 instituted for the offence under Sections 354(B) of the IPC.
Counsel for the petitioner has submitted that there is land dispute between the parties. There is no specific allegation of overt act against this petitioner.
It is alleged in the written report that this petitioner took the informant in Jalawan Room and tried for 10 minutes to outrage her modesty.
As such there is no specific allegation against the petitioner of committing illegal act with her. In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.59793 of 2017 (2) dt.13-12-2017 2/2 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dalsingsarai P.S. Case No. 274 of 2017 to the satisfaction of learned A.C.J.M., Dalsingsarai, Samastipur 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.