Golu Kumar @ Sunny Saurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73642 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== GOLU KUMAR @ SUNNY SAURAV Son of Gorelal Singh Resident of village - Malikpur, P.S.- Rajgir, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Bhardwaj For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Rajgir P.S. Case NO. 495 of 2022 registered under Sections 490 and 379 of the Indian Penal Code lodged on 26.08.2022 by the informant, Nikita Kumari.
3. As per the prosecution story, the informant alleged that she had received a message of withdrawal of Rs. 1.5 lakhs from her account and accordingly found the implication of this petitioner who had coerced her to use his mobile by inserting the SIM. Accordingly, the FIR.
4. During the course of the argument, both the learned counsel for the petitioner and learned counsel for the informant submits that during the pendency of the petition, they have
Patna High Court CR. MISC. No.73642 of 2023(3) dt.05-03-2024 2/3 reached amicable settlement and the amount has also been received by the informant. Further submission of the learned counsel for the petitioner is that the FIR is on record and ultimately he will have to face the trial and he do not have criminal antecedent.
5. As the learned counsel for the informant echoed the submissions put forward by the learned counsel for the petitioner, this Court is inclined to grant him privilege of anticipatory bail.
6. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif at Nalanda in connection with Rajgir P.S. Case No. 495 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.73642 of 2023(3) dt.05-03-2024 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T