Rakesh Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6990 of 2018 Arising Out of PS. Case No.-395 Year-2017 Thana- FATUHA District- Patna ====================================================== Rakesh Pal, Son of Janki Bhagat @ Janki Pal, resident of VillagePitambarpur, P.S.- Fatuha, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudhir Kumar For the Opposite Party/s :

Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Fatuha P.S. case no. 395 of 2017 instituted for the offence under Section(s) 341, 323, 354, 379/34 and 307 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner and informant are family members. Father of the petitioner and husband of the informant are own brothers. There is land dispute between the parties.

In the written report, there is allegation that this petitioner ordered to assault the informant and petitioner himself fired with his pistol and by holding the hand of the informant, he dragged her and pulled her saree with intention to outrage her modesty. From the written report, it appears that no injury has

Patna High Court Cr.Misc. No.6990 of 2018(5) dt.27-04-2018 2/2 been caused to the informant. There is general and omnibus allegation against this petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Fatuha P.S. case no. 395 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 the learned J.M. 1st Class, Patna City 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.