Patna High CourtCR. MISC./63057/2022allowed

Pappu Singh v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63057 of 2022 Arising Out of PS. Case No.-349 Year-2022 Thana- GAURICHAK District- Patna ====================================================== PAPPU SINGH SON OF BASHUDEO SINGH R/O VILLAGE- PIYARIA, P.S.- GAURICHAK, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate Mr. Anirudh Kumar Singh, Advocate For the State :

Mr.Rabindra Kumar, APP For the informant :

Mr. Ravi Shanker Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

2. The petitioner is apprehending arrest in connection with Gaurichak P.S. Case No. 349 of 2022, registered on 02.06.2022, for the offences punishable under Sections 365, 366 and 494 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the present F.I.R. was lodged against the petitioner by the husband of the alleged victim alleging therein that she had been abducted whereas the statement has been recorded under Section 164 of the Cr. P.C. of the victim, who is 25 years of age, stating that she has gone on her own will and left her matrimonial house as she was being harassed and put to cruelty by her husband.

4. Learned APP opposes the prayer of anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.63057 of 2022(2) dt.24-04-2023 2/3

5. Considering the statement of the victim recorded under Section 164 of the Cr. P.C., I am inclined to grant anticipatory bail to the above named petitioner in the event of arrest, subject to the conditions as laid down under Section 438(2) of the Cr. P.C., which are as under:- I. The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required;

II. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

III. The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; IV. The petitioner shall maintain law and order; V. The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; VI. The petitioner shall surrender his passport,

Patna High Court CR. MISC. No.63057 of 2022(2) dt.24-04-2023 3/3 if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer; and VII. The petitioner shall regularly remain present during the trial and cooperate the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.61 U