Nawal Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50413 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Nawal Rai S/o Shiv Pujan Rai resident of village - Lal Pokhar P.S. Sadar Hajipur, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anjali Kumari D/o Naresh Mahto resident of village - Belwa Kuari Bisunpur, Baladhari, P.S. Hajipur Sadar, District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 The petitioner is apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 466/17, registered for offences punishable under Sections 376, 511, 354(B) of the Indian Penal Code and Section 8/18 of POCSO Act.
Allegation as per F.I.R. against the petitioner is of attempt to commit rape upon the informant.
Submission of learned counsel for the petitioner is that there was land dispute between the parties and the petitioner has falsely been implicated in this case and the other co-accused person having similar allegation has been granted privilege of anticipatory bail by this Court vide order dated 28.08.2018 passed in Cr. Misc. No.49425 of 2018.
Patna High Court Cr.Misc. No.50413 of 2018 (2) dt.31-08-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st cum-Special Judge, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 466/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.50413 of 2018 (2) dt.31-08-2018 3/3 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T