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Patna High CourtCR. MISC./122/2018bail granted

Babul Chandra Das @ Babu Chand Das @ Babul Chand Das v. The State Of Bihar

2018-04-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.122 of 2018 Arising Out of PS. Case No.-145 Year-2016 Thana- BAIRIYA District- West Champaran ====================================================== Babul Chandra Das @ Babu Chand Das @ Babul Chand Das, Son of Sri Dhiran Chandra Das, resident of Majhariya Colony, P.S.- Bairiya, DistrictWest Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Bairiya P.S. Case No. 145 of 2016 instituted for the offence under Sections 341,323,354,504 of the IPC.

It is alleged in the written report that on the date of occurrence, this petitioner after taking the informant in a lonely place attempted to commit illegal act with her.

Learned counsel for the petitioner has submitted that the victim lady in her restatement before police has stated different story from FIR that petitioner committed mar-pit and torn her sari-blouse after denial of paying Rs. 500/- to him.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the

Patna High Court Cr.Misc. No.122 of 2018(3) dt.02-04-2018 2/2 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 Bairiya P.S. Case No. 145 of 2016 to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Bettiah at West Champaran, 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.

(Sanjay Priya, J) khushbu/- U T