Rikesh Kumar @ Rikesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29510 of 2018 Arising Out of PS. Case No.-27 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Rikesh Kumar @ Rikesh Yadav, son of Gopal Yadav, Resident of MohallaAhirpurwa, P.S.- Ara Nagar, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Bhojpur Mahila P.S. case no.27 of 2018 instituted for the offence under Section(s) 354(b) and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that occurrence is said to have been taken place on 11.02. 2018 and the F.I.R. in the instant case has been lodged on 16. 2.2018 after delay of 5 days.
From the written report itself, it appears that while the informant was cutting grass some altercation took place. The
Patna High Court Cr.Misc. No.29510 of 2018(2) dt.16-05-2018 2/3 informant has alleged that this petitioner with other accused person had attempted to do illegal act with her. Learned counsel for the petitioner submits that some hot talk took place between the parties as she was cutting grass from the field of the petitioner on account of which this false case has been lodged.
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 Bhojpur Mahila P.S. case no. 27 of 2018, 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 learned S.D.J.M. Ara, Dist. Bhojpur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.29510 of 2018(2) dt.16-05-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shyambihari/- U T