Ram Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3442 of 2018 Arising Out of PS. Case No.-271 Year-2017 Thana- ALOULI District- Khagaria ====================================================== Ram Naresh Sah, S/o Ramchandra Sah, Resident of Village- Shumbha, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Informant :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends arrest in Alauli P.S. Case No. 271 of 2017 instituted for the offence under Sections 323,341,342,379,354 and 504/34 of the IPC.

It is alleged in the written report that on 10.08.2017, when the informant was sleeping in the house, at night, petitioner attempted to outrage her modesty. It is further alleged that for this, complaint was made by daughter of the informant before Sarpanch, who settled the matter. Thereafter, on 13.08.2017, this petitioner and other accused persons assaulted the informant and his family members.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.3442 of 2018(4) dt.02-04-2018 2/3 the wife of the petitioner Puja Kumari has given statement before the police in paragraph 11 of the case diary that only altercation took place on the date of occurrence with the informant and her husband i.e. petitioner for taking Puja Kumari with him and, therefore, this case has been lodged against the petitioner.

Counsel for the petitioner has submitted that the petitioner is ready to keep her wife with full dignity and care. It has been informed by the learned counsel for the petitioner that wife of the petitioner has also filed case under Section 498 (A) of the IPC against this petitioner. It is expected that parties will take appropriate steps for amicable settlement of the dispute.

In such circumstances, prayer for anticipatory bail is 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 Alauli P.S. Case No. 271 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with

Patna High Court Cr.Misc. No.3442 of 2018(4) dt.02-04-2018 3/3 further conditions (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