Chunni Lal Prasad @ Chunilal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17972 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Chunni Lal Prasad @ Chunilal Prasad, son of Madodar Bhagat @ Damodar Mali, resident of village- Sahlaur, P.S.- Sarai O.P., DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : None For the Opposite Party/s : Mr. L.K. Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the State and the Informant. This application for grant of anticipatory bail arises out of Pachrukhi (Sarai O.P.) P.S. Case No. 04 of 2015, disclosing offences under Sections 307,323,341,504 and 506 of the Indian Penal Code.

From the First Information Report, it transpires that land dispute between the petitioner and the informant is an admitted fact.

It appears that the allegation against the petitioner is that he along with his son, Rahul Kumar had caught hold of the victim and Rahul Kumar had, thereafter, assaulted the victim with Dab (a sharp cutting weapon). Learned counsel appearing on behalf of the

informant has submitted that it was a sheer chance that the victim escaped the assault and her life could be saved. From the order passed by the learned Sessions Judge, it appears that the police upon completion of investigation had submitted police report and they have not sent up the present petitioner for trial.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on 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 SDJM, Siwan in Pachrukhi (Sarai O.P) P.S. case No. 04 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U