Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35744 of 2018 Arising Out of PS. Case No.-392 Year-2017 Thana- JAKKANPUR District- Patna ====================================================== Randhir Kumar Son of Sunil Singh Resident of C/o Awadhesh Kumar, Indira Nagar, Behind Kundan Lodge, P.S. - Jakkanpur, District and Town - Patna, Permanent resident of Village - Mainpura, P.O. - Kaler, P.S. - Kaler, District - Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma Sr. Advt.

For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Jakkanpur P.S. Case No. 392 of 2017 instituted for the offence under Sections 323, 341, 376/511 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that this case has been filed by the informant on account of dispute between the husband of the informant and petitioner who has taken Rs. 3,000/- as loan and when the money was demanded then some hot scuffle has taken place on account of which the instant case has been filed.

In the written report there is general and omnibus allegation levelled against petitioner. It is mentioned in Para-3

Patna High Court Cr.Misc. No.35744 of 2018(3) dt.11-07-2018 2/2 of the bail petition that petitioner has clean antecedents. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jakkanpur P.S. Case No. 392 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 the ACJMIst Patna, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.