Nikhil Mistri @ Nikhil Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4678 of 2018 Arising Out of PS.Case No. -251 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Nikhil Mistri @ Nikhil Kumar, Son of Chandar Mistri,
2. Vikki Mistri, Son of Late Fulchand Mistri, Both are resident of Village- Alamnagar, Ward No.2, P.S.- Alamnagar, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Alamnagar P.S. Case No. 251 of 2017, G.R. No. 1308 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 354(B), 379 and 34 of the Indian Penal Code.
In the instant case there is general and omnibus allegation against the petitioners that they attempted to outrage the modesty of the informant.
Learned counsel for the petitioners has submitted that the instant case has been filed by the informant as a counter blast of Alamnagar P.S. Case No. 250 of 2017 filed by daughter of accused No. 2 Vinod Mistri against the husband of the informant and others. It has further been submitted that other co-accused persons have been granted
Patna High Court Cr.Misc. No.4678 of 2018 (3) dt.19-02-2018 2/2 anticipatory bail by a coordinate Bench of this Court vide order dated 02.02.2018 passed in Cr. Misc. 5189 of 2018.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Alamnagar P.S. Case No. 251 of 2017, G.R. No. 1308 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Uda Kishunganj (Madhepura), 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) S.