Alok Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9529 of 2018 Arising Out of PS. Case No.-618 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Alok Kumar Tiwari, Son of Surendra Kumar Tiwari, Resident of M.F. No. 28, Dalmianagar, P.S.- Dehri (Dalmianagar), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Saket Tiwary For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Sasaram Model P.S. case no. 618 of 2017 instituted for the offence under Sections 341, 323, 379, 498A, 354, 504 and 506 of the Indian Penal Code pending in the Court of the C.J.M. Sasaram. The matter was sent to the Mediation Centre Patna High Court. The report of the Mediator is received in which it is mentioned that opposite party no.2 was present only on 27.4.2018 and stated before the Mediation Centre that she has no interest to live with the petitioner. The petitioner has stated before the Mediation Centre that he is ready to keep her wife with dignity. The mediation has accordingly failed. Learned counsel for the informant has appeared and

Patna High Court Cr.Misc. No.9529 of 2018(5) dt.27-06-2018 2/2 submitted that informant is not willing to live with 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 Sasaram (Model) P.S. case no. 618 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 CJM, Sasaram, 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) shyambihari/- U T