Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7378 of 2018 Arising Out of PS.Case No. -588 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================
1. Raushan Kumar, S/o Sri Bishwanath Ram, R/o Khemanichak, Titar Path, P.S.- Ramkrishna Nagar, District- Patna, posted as Clerk, Canara Bank, Bhoot Nath Road Branch, P.S.- Agamkuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Prasad, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Agamkuan P.S. Case No.588 of 2017 instituted for the offence under Section(s) 354 (a) (b) Indian Penal Code.
Informant has alleged that she was posted in Canara Bank, Bhooth Nath Road Branch, P.S.-Agamkuan. On the date of occurrence, while she was working in the bank, this petitioner, who was also posted in that branch, tried to misbehave with her finding her alone as the Branch Manager and other Officers had gone down the stairs to put money in ATM. Informant has further alleged that on the date of occurrence she did not make any complaint with the Branch Manager as she was mentally upset.
Patna High Court Cr.Misc. No.7378 of 2018 (2) dt.09-02-2018 2/3 On the next day, she made complain to the Branch Manager and requested him to take appropriate action.
Counsel for the petitioner has submitted that petitioner has already been transferred from that Branch. There is general and omnibus allegation against this petitioner. The informant herself has stated that she did not lodge complaint with Branch Manager for the aforesaid act on the same day of occurrence, rather, she has complained to the Branch Manager on the next day.
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 Agamkuan P.S. Case No.588 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 Additional Chief Judicial Magistrate, V, Patna City, Patna, 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
Patna High Court Cr.Misc. No.7378 of 2018 (2) dt.09-02-2018 3/3 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) JA/- U T