Patna High CourtCR. MISC./49678/2018bail granted

Niraj Kumar v. The State Of Bihar

2018-10-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49678 of 2018 Arising Out of PS.Case No. -165 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Niraj Kumar S/o Late Ram Balak Rai, R/o Vill.- Lautan, P.S.- Sakra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Sakra P.S. Case No. 165/2018, instituted for the offences punishable under Sections 354(B)/34 of the Indian Penal Code read with Sections 8 and 12 of POCSO Act.

Learned counsel for the petitioner has submitted that co-accused Vikash Kumar with similar allegation has been granted anticipatory bail by this Court in Cr. Misc. No. 44805/2018 dated 07.08.2018. It is further submitted that compromise has also taken place between the parties.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.49678 of 2018 (3) dt.10-10-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sakra P.S. Case No. 165 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 Special Judge, POCSO Act, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the 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 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 petitioner. (Sanjay Priya, J.) Rakhi U