Rajesh Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59690 of 2021 Arising Out of PS. Case No.-102 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rajesh Dom S/O Late Banshi Dom R/O Village-Machiyaon, P.S-Bhabua, District-Kaimur At Bhabua.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-11-2022 Learned counsel for the petitioner is permitted to remove the defect (s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363,365,34 of IPC.

Allegation against the petitioner is that he disappeared the informant's daughter with an intention to commit an offence with her.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. In fact the petitioner is husband of the

Patna High Court CR. MISC. No.59690 of 2021(5) dt.29-11-2022 2/3 victim. Further submits that the victim was in habit to flee and she was mentally disturbed and the petitioner has no concern at all with the alleged occurrence as alleged in the FIR. Learned counsel for the informant, on the other hand, on the basis of the material available on the record and the case diary has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that it has come in the case diary that the victim was mentally disturbed and during investigation no cogent material has come against the petitioner.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bhabhua P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.59690 of 2021(5) dt.29-11-2022 3/3 on their absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T