Ram Das Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36603 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Ram Das Sahni S/o Madhu Sahni @ Macchu Sahni R/o Vill.- Maksudanpur, Bhadaiya, P.S.- Mohiuddin Nagar, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mohiuddinnagar P.S. Case No. 209 of 2017 instituted for the offence under Sections-341, 342, 323, 324, 354(B), 376/511 and 504 of the Indian Penal Code. In the written report, it is alleged that this petitioner tried to commit illegal act with the informant.

It has been submitted that the petitioner is Devar of the informant. It has further been submitted that there is land dispute between the parties. Annexure-2 to this petition has been enclosed to show that both parties belong to the same family. The informant is own sister-in-law of the petitioner, and the husband of the informant namely, Raj Kumar Sahani have sold land jointly to one Yogendra Mahto. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.36603 of 2018 (3) dt.16-07-2018 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Mohiuddinnagar P.S. Case No. 209 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Samastipur subject to condition as laid down u/S 438(2) of the 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 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) A.K.V./- U T