Dina Rai @ Dina Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49123 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -GOPALPUR District- PATNA ====================================================== Dina Rai @ Dina Nath Rai, S/o Vijay Rai, R/o Village- Sirpathpur, P.S.- Gopalpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gopalpur P.S. Case No. 50 of 2017 instituted for the offence under Sections 147, 448, 354(B), 436, 506, 504 and 385 of the Indian Penal Code. In the instant case it is alleged that petitioner caught hold the informant with intention to outrage her modesty. Counter case has also been filed by co-accused Munariya Devi vide Gopalpur P.S. Case No. 49 of 2017 against the family members of the informant and the present case is counter blast of the aforesaid P.S. Case. It has been submitted that petitioner and informant are relatives.

There is land dispute between them for which Title Suit No. 157 of 2013 is pending. It has further been submitted that other coaccused persons have already been granted anticipatory bail by this Court vide order dated 29.08.2017 passed in Cr. Misc. 38825 of 2017.

Patna High Court Cr.Misc. No.49123 of 2017 (3) dt.08-11-2017 2/2 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 Gopalpur P.S. Case No. 50 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 Sri Satya Priya Anand, learned Additional Chief Judicial Magistrate, Patna, 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