Anandi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31868 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- BARAULI DistrictGopalganj ====================================================== ANANDI SINGH Son of Late Sita Ram Singh Resident of Village- Bagheji, P.S.- Barauli, District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Naresh Prasad, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 324, 326, 379/34 of the Indian Penal Code registered in connection with Barauli P.S. Case No. 297 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of petty dispute relating to marriage in a complaint-based F.I.R. and there is case and counter case between the parties. During scuffle both sides have received injuries in which father of the petitioner also died. It is submitted that the injuries attributed to the assault with fasuli by the petitioner on the informant's stomach are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond

Patna High Court CR. MISC. No.31868 of 2019(4) dt.08-08-2019 2/2 of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Barauli P.S. Case No. 297 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that the injuries sustained by the informant are not grievous in nature. In case any grievous injury is found, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Ibrar//- U T