Patna High CourtCR. MISC./3092/2017bail granted

Pradeep Kumar v. State Of Bihar And ANR

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3092 of 2017 Arising Out of PS.Case No. -121 Year- 2007 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Kumar, Son of Kishori Sah, Resident of Village - Dankan Road, Mishra Colony, Police Station - Raxaul, District - East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Asha Devi, W/o Shiv Nath Mahto @ Mochhu, R/o village - Mishra Tola Raxaul, P.S.- Haraiya, Raxaul, District - East Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dhurendra Kumar, Advocate For the Opposite Parties : Smt. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 316, 323 and 504 of Indian Penal Code. It has been submitted that petitioner was granted anticipatory bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 18878 of 2009 dated 28.05.2009 but the petitioner could not surrender in the court below within time and he is in judicial custody since 03.09.2016.

From the impugned order of learned 2nd Additional Sessions Judge itself, it appears that the petitioner was earlier allowed anticipatory bail by the Hon'ble High Court vide Cr.

Patna High Court Cr.Misc. No.3092 of 2017 (2) dt.06-02-2017 2/2 Misc. No. 18878 of 2009 dated 28.05.2009. It further appears from the order of the 2nd Additional Sessions judge, that petitioner is in custody since 03.09.2016.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, 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 learned SubDivisional Judicial Magistrate, Raxaul, East Champaran at Motihari, in connection with Complaint Case No. 121 of 2007, Tr. No. 2308 of 2016, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T