Shiva Kumar @ Ghatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39113 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================

1. Shiva Kumar @ Ghatwa, son of Chhabhu Das, resident of villageGandhipur, P.S.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bariyarpur P.S. Case No.88 of 2017 instituted for the offence under Section(s) 323, 342, 380, 376, 511, 504/34 Indian Penal Code. It is alleged in the written report that this petitioner after entering into the house tried to outrage the modesty of the informant.

Counsel for the petitioner submits that prior to lodging of this case, mother of the petitioner has filed a complaint case on 20.04.2017 vide Complaint Case No.362-C of 2017, which was sent to P.S. under Section 156(3) Cr. P.C. It is further submitted that parents of the petitioner had also submitted

Patna High Court Cr.Misc. No.39113 of 2018 (2) dt.05-07-2018 2/2 application before the Officer-in-Charge, Bariarpur, with regard to giving threat to kill.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bariyarpur P.S. Case No.88 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) 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 date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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) JA/- U T