Munib Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12661 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -DURAULI District- SIWAN ====================================================== Munib Paswan, S/o Late Sohan Paswan, R/o Village- Belaon, P.S.- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Darauli P.S. Case No. 206 of 2017 instituted for the offence under Sections 376, 511 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. It has further been submitted that aunt of this petitioner has filed First Information Report against the informant vide Darauli P.S. Case No. 156 of 2010 and just to put pressure to compromise the aforesaid case, the instant case has been filed against this petitioner.

In the written report there is general and omnibus allegation against this petitioner that he attempted to commit

Patna High Court Cr.Misc. No.12661 of 2018 (2) dt.08-03-2018 2/2 illegal act with daughter of the informant.

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 Darauli P.S. Case No. 206 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 learned Additional Chief Judicial Magistrate-III, Siwan, 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.Ali/- U T