Manoj Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1172 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -AKBARPUR District- NAWADA ====================================================== Manoj Rajbanshi S/o Late Vijay Rajbanshi resident of village/Mohalla - Shyama Pachrukhi, P.S. Akbarpur, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary(App) For the Informant : Mr. Vibhuti Ranjan Sonvadra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Akbarpur P.S. Case No. 211/2015, disclosing offences under sections 376, 511 and 506/34 of the Indian penal Code. It is alleged that the petitioner attempted to commit rape on the informant and he fled away when other persons rushed to the place of occurrence. It is submitted on behalf of the petitioner that considering the nature of accusation, there is no chance of tampering with the evidence. He further submits that the petitioner cannot flee from the course of investigation or trial. It has further been submitted that co-accused Raj Kumar Rajbanshi has been

Patna High Court Cr.Misc. No.1172 of 2016 (3) dt.03-03-2016 granted anticipatory bail by the court below. Learned counsel for the informant has opposed the prayer for anticipatory bail and has submitted that the main allegation is against the present petitioner. However, considering the facts and circumstance and the nature of accusation, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.II, Nawada in Akbarpur P.S.Case No. 211/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U