Sunil Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44188 of 2017 Arising Out of PS.Case No. -820 Year- 2016 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Sunil Singh, Son of Ushi Singh, Resident of Village-Rampur P.S.-Garahani (Agion), District-Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi, W/o Santosh Ram, Resident of village Rampur, P.S.- Garahani (Agion), Dist.-Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 820(C) of 2016, Trial No. 1188 of 2017 instituted for the offence under Sections 354(B), 323 and 341 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that occurrence is said to have taken place on 11.5.2016 and complaint has been filed on 30.5.2016. There is no explanation for such delay. The dispute arose between the parties on account of grazing the vegetable plant of the petitioner.

In the complaint petition there is vague allegation against the petitioner that he started pulling the complainant with

Patna High Court Cr.Misc. No.44188 of 2017 (5) dt.08-01-2018 2/2 intention to outrage her modesty.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 820(C) of 2016arising out of Trial No. 1188 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 learned Chief Judicial Magistrate, Bhojpur at Ara, 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) S.Ali/- U T