Nirbhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46208 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -MAHARAJGANJ District- SIWAN ====================================================== Nirbhay Kumar Singh, S/o Late Wakil Singh, R/o Vill.- Masharak (Purab Tola), P.S.- Masharak, Distt.- Saran (Chhapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Binode, Advocate Mr. Rananjay Kumar, Advocate Mrs. Chhateshwari Kumari, Advocate.

For the Opposite Party/s : Mr. Shyam Kumar Singh, APP 138. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Maharajganj, P.S. Case No. 75 of 2017, instituted for the offences punishable under Sections 420, 406, 504, 506 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is no any supporting document filed by the complainant showing that he had paid Rs. 70,000/- to the petitioner as alleged in the complaint petition. It is further submitted that there is no eye-witness of providing Rs. 55,000/- to the petitioner by the complainant. It has further been submitted that from the complaint petition, it would appear that the complainant had gone to Dubai

Patna High Court Cr.Misc. No.46208 of 2018 (2) dt.23-08-2018 2/2 and joined his duty but he could not complete his duty because of his own laches. He has falsely implicated the petitioner in this case.

Considering the facts and circumstances of the case, the 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 Maharajganj P.S. Case No. 75 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 learned A.C.J.M.- Vth, Siwan, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.) Rakhi/Abhijeet U T