Basant Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16957 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Basant Choudhary son of Shatrughan Choudhary resident of village - Basbitti, P.S. & District - Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Supaul Mahila P.S. Case No. 92 of 2016 instituted for the offence under Sections-354, 376, 506, 366A of the Indian Penal Code. It has been submitted that the petitioner is father of the boy Raviraj.
As per written report, the son of this petitioner namely Ravi Raj used to follow the daughter of the victim and one day, he committed illegal act with her after giving assurance to marry her. The statement of victim was recorded u/S 164 of the Cr.P.C. wherein, she stated similar thing. A compromise petition has been filed in the lower court which is Annexure-3 wherein there is mention that now the victim girl has married with Ravi Raj and is living peacefully. The petitioner is father of the said Ravi Raj.
Patna High Court Cr.Misc. No.16957 of 2017 (2) dt.15-05-2017 2/2 There is no allegation of specific overt act against the petitioner. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Supaul Mahila P.S. Case No. 92 of 2016 to the satisfaction of learned Additional Sessions Judge-Ist, Supaul subject to condition as laid down u/S 438(2) of the 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 petitioners 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) A.K.V./- U T