Sachin Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29375 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sachin Patel, Son of Basudev Patel @ Basudev Ray, resident of villageChandpur, P.S.- Sangrampur, District- East Champaran at Motihari (Bihar). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sangrampur P.S. Case No. 199 of 2017, instituted for the offence under Sections 341, 323, 379, 385, 307, 427 and 504 of the Indian Penal Code.
In the written report there is specific allegation of assault against co-accused Mantu Patel and Sonu Patel along with other co-accused persons to the informant, his uncle and his cousin brother.
The Sessions Judge has mentioned in the impugned order that name of this petitioner has come during investigation. The statement of wife of the deceased, namely, Rekha Devi is available in paragraph-109 of the case diary in which she has
Patna High Court Cr.Misc. No.29375 of 2018 (3) dt.28-06-2018 2/2 stated that this petitioner along with Rajendra Baitha ordered to other co-accused persons to kill her husband. 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 Sangrampur P.S. Case No. 199 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 Chief Judicial Magistrate, Motihari, East Champaran, 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/- Rohit Kr.
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