Manish Kumar Sahni @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59508 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== Manish Kumar Sahni @ Manish Kumar, Son of Jahindra Sahni Resident of Village-Patepur, Police Station-Kartahan, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Mahila (Hajipur) P.S. Case No.5 of 2019 for the offence punishable under Section 354/34 of the Indian Penal Code and Sections 8, 10 and 17 of the POCSO Act.

The allegation against the petitioner as per the First Information Report is that petitioner along with other accused persons surrounded the informant and committed illegal activities on the gun point.

Learned counsel for the petitioner submits that informant is cousin of the petitioner and there is land dispute between them. Learned counsel further submits that similarly situated accused person has been granted bail by this Court in

Patna High Court CR. MISC. No.59508 of 2019(2) dt.19-09-2019 2/3 Cr. Misc. No.57884 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused person has been granted bail by this court, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Ist-cum-Special Judge, Hajipur, Vaishali, subject to the condition as mentioned under Section 438 (2) of Cr.P.C., and also subject to the following further conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself

Patna High Court CR. MISC. No.59508 of 2019(2) dt.19-09-2019 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Anil Kumar Sinha, J) sanjeev/- U T