Bharat Kumar @ Bharat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6328 of 2016 Arising Out of PS.Case No. -622 Year- 2015 Thana -SHASTRINAGAR District- PATNA ====================================================== Bharat Kumar @ Bharat Prasad, S/o Buni Lal Rai, resident of MohallaRoad No.-2 (Extension), Rajbanshi Nagar, House No.-24, P.S- Shastri Nagar, Dist.- Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma, Adv. Mrs. Sushma Saran, Adv.

For the Opposite Party/s : Mr. L.K.Sharma(App) For the informant : Mrs, Mamta Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State as also learned counsel for the informant. This application for grant of anticipatory bail arises out of Shastri Nagar P.S. Case No. 622/2015, disclosing offences under sections 447, 341, 342. 323. 506/354(B) of the Indian penal Code. The informant is a widow.

The allegation against the petitioner is that he attempted to forcibly take the informant away from the place of her residence. According to the allegation, before death of husband of the informant the petitioner used to tease her and after she became widow, indulged in such activities, more than before. Learned counsel, appearing on behalf of the petitioner,

Patna High Court Cr.Misc. No.6328 of 2016 (3) dt.10-03-2016 submits that the case of the prosecution, as narrated in the First Information Report, is highly improbable. He submits that the petitioner has no criminal antecedent and there is no chance that he will tamper with the evidence or flee from the course of investigation or trial.

In view of the submissions, as above, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Smt. Indrani Kisku, Judicial Magistrate, 1st Class, Patna in Shastri Nagar P.S.Case No. 622/2015, G.R.No. 8582/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.6328 of 2016 (3) dt.10-03-2016