Magister Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59063 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Magister Alam S/o Shakil Mian, R/o Village- Pipra Bazar, P.S.- Pipra, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Pipra P.S. Case No. 31 of 2017 instituted for the offence under Sections-354, 354A, 354B & other minor Sections of the Indian Penal Code. It has been submitted that the petitioner has clean antecedent.

In the written report, it is alleged that while daughter of the informant was returning to her house, then this petitioner caught her hand and started pulling her.

It has been submitted that petitioner has been implicated in this case at the instance of Babloo Thakur, Mukhiya of the Gram Panchayat. This petitioner has not cast vote in his favour. It has further been submitted that compromise has taken place between the parties and in support of this, copy of compromise petition has been annexed

Patna High Court Cr.Misc. No.59063 of 2017 (2) dt.05-12-2017 2/2 as Anenxure-2.

In such circumstances, prayer for anticipatory bail is allowed and 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 in Pipra P.S. Case No. 31 of 2017 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari 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 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) A.K.V./- U T