Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36902 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- SAHKUND District- Bhagalpur ====================================================== Md. Afroz, Son of Md. Jumman, Resident of Village- Goura, P.S.- Sahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Petitioner apprehends his arrest in Sahkund P.S. Case No. 50 of 2018 instituted for the offence under Sections 447 and 354(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that case has been registered on 11.03.2018 whereas, occurrence is alleged to have taken place on 07.03.2018. In the written report it is alleged that on the date of occurrence this petitioner entered into the room of the informant and misbehaved with her. When she raised Hulla then he fled away. It is also mentioned in the written report that Panchayati was held by the villagers. The petitioner did not agree to the Panchayati.

It is submitted that he has also filed Sanha before the

Patna High Court Cr.Misc. No.36902 of 2018(3) dt.11-07-2018 2/2 police vide Annexure-2 stating that victim wanted to perform marriage with the petitioner.

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 Sahkund P.S. Case No. 50 of 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 SDJM, Bhagalpur, 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.

(Sanjay Priya, J) shyambihari/- U T