Raj Kumar Sah @ Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41308 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -BELA District- SITAMARHI ====================================================== Raj Kumar Sah @ Raju Sah, Son of Sudis Sah @ Sudishat Sah, resident of Village Narkatiya, P.S. Sonbarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate. For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bela P.S. Case No. 44 of 2017 instituted for the offence under Sections 363, 366A and 376 of the Indian Penal Code.

From the written report itself it appears that the victim girl was on talking term with this petitioner. It is mentioned in the complaint petition that the victim girl (sister of complainant) always used to talk with petitioner on Mobile phones and she also used to meet the petitioner.

The counsel for the petitioner has pointed out Annexure-2 and 3 by which compromise has already taken place between the parties.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.41308 of 2017 (2) dt.08-09-2017 2/2 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 Bela P.S. Case No. 44 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 learned Chief Judicial Magistrate, Sitamarhi, 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.