Arun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44330 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -MAHILA P.S. District- SARAN ======================================================
1. Arun Singh S/o Krishna Singh, R/o Vill.- Afaur (Barka Ghar), P.S.- Khaira, Nagra O.P., District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner, the informant as well as the State.
The petitioner apprehends his arrest in Saran Mahila P.S. Case No. 06/2018, instituted for the offences punishable under Sections 376, 313/34 of the Indian Penal Code. The petitioner is the Bhaisur of the informant. It is alleged that the husband of the informant is working in Oman and in his absence, the petitioner, who is Bhaisur of the informant, with the aid of his wife Ampur Devi committed illegal act with her. It is further alleged that the informant got pregnant due to such illicit relationship and her pregnancy was terminated by giving pills.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.44330 of 2018 (2) dt.02-08-2018 2/3 the occurrence took place on 02.02.2018 but the F.I.R. has been lodged on 14.02.2018. The petitioner has been falsely implicated in this case on account of dispute with regard to money which was sent by the husband of the informant. The informant did not want to share the money with others.
From the allegation levelled against the petitioner, it appears that the petitioner is a married person and if there was any such act, that could have been objected by his wife. Considering the facts and circumstances of the case, the 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 Saran Mahila P.S. Case No. 06/2018, 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 learned Sub-Divisional Judicial Magistrate, Chapra, subject to the conditions as laid down under Section 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 automatically cancel bail bond
Patna High Court Cr.Misc. No.44330 of 2018 (2) dt.02-08-2018 3/3 of the petitioner and (3) if petitioner tamper 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.) Rakhi U T