Saroj Kumar Choupal @ Saroj Choupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46897 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -ALINAGAR District- DARBHANGA ====================================================== Saroj Kumar Choupal @ Saroj Choupal, Son of Shri Harinandan Choupal, Resident of Village- Gosava, Police Station- Alinagar, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Alinagar P.S.Case No.37 of 2017 instituted for the offence under Sections 376, 341, 323/34 of Indian Penal Code, Sections 4/6 of the POCSO Act.
As per written report, there is specific allegation against Sudhir Chaupal of committing rape with the informant at the point of knife when she was alone in her house. To this effect, a panchayati was held in course of which the petitioner including co-accused assaulted the informant, her father and the uncle. Injury reports have been enclosed as Annexurs-P/2 and P/3 which show that there are simple injuries. As such, there is no allegation
Patna High Court Cr.Misc. No.46897 of 2017 (2) dt.04-10-2017 2/2 of any overt act 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 Alinagar P.S. Case No.37 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 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga, 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) AnilKrSinha/- U T