Patna High CourtCR. MISC./27120/2017bail granted

Prabhat Kumar v. The State Of Bihar

2017-07-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27120 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -KONCH District- GAYA ======================================================

1. Prabhat Kumar, son of Kaushal Singh resident of village - Kathautiya, Police Station - Konch, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Tapeshwar Sharma ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Konch P.S. Case No. 90 of 2017, disclosing offences under Sections 387, 354(c)/354(D) (1) (i) (ii)/506 and 509 of the Indian Penal Code.

The allegation against the petitioner is that he is blackmailing the informant and his daughter, on the ground that he is in possession of certain photographs of the informant's daughter with him.

Learned counsel for the petitioner has submitted that as a matter of fact, the petitioner and the informant's daughter are married and since dispute is being raised by the father of the informant's daughter, the petitioner has filed a

Patna High Court Cr.Misc. No.27120 of 2017 (2) dt.01-07-2017 2/2 matrimonial case, bearing No. 144 of 2017, before the Court of Principal Judge, Family Court, Gaya, seeking restitution of conjugal right. The petitioner is serving as Constable in BSF. Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Gaya, in connection with Konch P.S. Case No. 90 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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