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Patna High CourtCR. MISC./21208/2018bail granted

Sinto Kumar @ Prem Prakash v. The State Of Bihar

2018-05-03Mr. Justice Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21208 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -MAHILA P.S. District- PATNA ====================================================== Sinto Kumar @ Prem Prakash Son of Shri Upendra Prasad, Resident of Village - Marut Nagar Chiryantand, P.S. Jakkanpur, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard learned counsels for the petitioner and the informant as well as learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Mahila Police Station Case No. 84 of 2017 registered for the offences punishable under sections 354, 323, 384, 379 and 506/34 of the Indian Penal Code.

As per written report, this petitioner along with his father and full brother entered into the house of informant and brother of this petitioner tried to outrage her modesty on the point of pistol.

It has been submitted that on the date of occurrence, the father of informant lodged the case against his daughter and

Patna High Court Cr.Misc. No.21208 of 2018 (2) dt.03-05-2018 2/3 son-in-law. This petitioner is driver of the father of the informant and on the date of occurrence, the informant and her sister and brother-in-law assaulted their father for which the father of informant lodged a case bearing Jakkanpur Police Station Case No. 388 of 2017 which is earlier to the complaint case. The learned counsel for the informant as well as Additional Public Prosecutor on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Patna in connection with Mahila Police Station Case No. 84 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition that

(1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall cooperate in the disposal of trial and make himself available as

Patna High Court Cr.Misc. No.21208 of 2018 (2) dt.03-05-2018 3/3 and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T