Rahul Singh @ Nitesh Singh @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37308 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. RAHUL SINGH @ NITESH SINGH @ NITESH KUMAR, S/o Kailash Singh, r/o village- Panapur Kariyat, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kanti (Panapur OP) P.S. Case No.05 of 2018 instituted for the offence under Section(s) 341, 323, 354-B, 504, 506/34 Indian Penal Code and Section 4 of the POCSO Act.

It is submitted that petitioner is working in a Construction Company on the post of Supervisor at Bettiah. He was on duty and was present at Bettiah on the alleged date of occurrence. He has been falsely implicated in this case. It has further been submitted that the petitioner has clean antecedents. In the written report, there is general and omnibus allegation against the petitioner.

Patna High Court Cr.Misc. No.37308 of 2018 (3) dt.12-07-2018 2/2 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 Kanti (Panapur OP) P.S. Case No.05 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 Special Judge, POCSO Act, Muzaffarpur, 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