Raghvendra Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2891 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Raghvendra Kumar @ Chhotu, S/o Virendra Rai, R/o Village- Piroi, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Goraul P.S. Case No. 245 of 2017 instituted for the offence under Sections 341, 323, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner and informant are own Gotiyas and there is land dispute between them. The father of the informant Bhuneshwar Rai has filed Title Suit No. 844 of 2017 in the court of Sub Judge 1 st, Vaishali at Hajipur, in which grand-father of this petitioner and other family members are made respondents. The present case has been filed by the informant to put pressure upon the petitioner to compromise the case in the aforesaid Title Suit.

In the instant case there is general and omnibus allegation against this petitioner that he pressed the mouth of the informant after

Patna High Court Cr.Misc. No.2891 of 2018 (2) dt.17-01-2018 2/2 putting her down on the ground with bad intention. The other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.12.2017 passed in Cr. Misc. 62039 of 2017. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Goraul P.S. Case No. 245 of 2017, G.R. No. 4317 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 learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T