Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39501 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Amit Kumar Singh, Son of Late Indra Bhushan Singh, Resident of VillagePanchgachiya, P.S.- Bihra, Dist- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bihra P.S. Case No. 147 of 2016 instituted for the offence under Sections 341, 354(B), 323, 376 and 511 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that he is Chachera Dewar of the informant. There is land dispute between the husband of the informant and the petitioner.

From the written report it appears that there is allegation that when the informant entered into her house, this petitioner caught hold her, used filthy language and thrown her on the bed. Case diary has been received.

The counsel for the petitioner has submitted that in several paragraphs of the case diary, it is stated that this case has been lodged due to land dispute between the parties.

Patna High Court Cr.Misc. No.39501 of 2017 (3) dt.06-10-2017 2/2 From the written report, it appears that there is general and omnibus allegation against this petitioner.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

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 Bihra P.S. Case No. 147 of 2016, 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, Saharsa, 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, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T