Santosh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56178 of 2017 Arising Out of PS.Case No. -645 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Santosh Chaudhary son of Bhagar Yadav aged about 35 years R/o VillagePatarkha, P.S.Manuapool,West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Dr. Rabindra Kumar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in Muffasil P.S. Case No.645 of 2015 for the offence under Sections 147, 341, 323, 354, 379, 504,506 of I.P.C.
As per the written report, it is alleged by the informant that while she along with her family members were going to participate in a marriage ceremony by Bolero car to Bhumihar Siswa, the petitioner along with other co- accused came to his vehicle and assaulted her husband and when she objected then they also snatched her golden chain, mangal sutra as well as purse containing Rs.5000/- and also misbehaved and torned her cloth. They raised alarm upon which nearby people gathered, then the informant and her family members could be saved.
Patna High Court Cr.Misc. No.56178 of 2017 (2) dt.27-11-2017 2/2 Counsel for the petitioners has submitted that there is general and omnibus allegation of assault against the petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri C.B.Ram, J.M. 1st Class, Bettia, West Champaran, in Muffasil P.S. Case No.645/15 subject to the conditions as laid down under Section 438 (2) of 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 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) AnilKrSinha/- U