Rakesh Singh @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14981 of 2018 Arising Out of PS.Case No. -176 Year- 2016 Thana -AMAS District- GAYA ====================================================== Rakesh Singh @ Rakesh Kumar Singh, S/o Gopal Singh, R/o VillageSimri, P.S.- Amas, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate. For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amas P.S. Case No. 176 of 2016 (corresponding to G.R. No. 1846 of 2016) instituted for the offence under Sections 341, 323. 354, 504, 506 and 307/34 of the Indian Penal Code.

In the written report there is allegation of assault against co-accused Gopal Singh who is father of petitioner. There is no allegation of any specific overt act against this petitioner. Learned counsel for the petitioner has submitted that police after investigation has submitted Final Form against this petitioner showing him innocent but cognizance has been taken against the petitioner along with other co-accused persons for the offence under Sections 341, 323, 504, 506 and 308 of the Indian Penal Code. Police has submitted charge sheet against father of this petitioner namely, Gopal Singh. It has further been submitted that father of this petitioner

Patna High Court Cr.Misc. No.14981 of 2018 (2) dt.30-03-2018 2/2 has also instituted Amas P.S. Case No. 177 of 2016 against the informant and her family members.

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 Amas P.S. Case No. 176 of 2016 (corresponding to G.R. No. 1846 of 2016), 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 Sri Gorkh Nath Dubey, learned Judicial Magistrate, 1st Class, Sherghati, Distt. Gaya, 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 his 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.