Patna High CourtCR. MISC./24085/2016bail granted

Dhayani Mallik @ Dheeyani Dom v. The State Of Bihar

2016-06-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24085 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -MADHUBANI TOWN District- MADHUBANI ======================================================

1. Dhayani Mallik @ Dheeyani Dom son of Pulkit Mallik Resident of Village- Samaul, P.S. Madhubani (town), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Pradeep Narain Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-06-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Madhubani P.S. Case No. 65 of 2016, disclosing offences under Sections 448,341,323,307,304/34 of the Indian Penal Code. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent. He is said to have assaulted the informant with lathi causing injury on the head of the informant. Learned counsel for the petitioner has submitted that on close reading of the First Information Report it will appear that no offence under Section 307 of the Indian Penal Code is made out. He appears to be prima facie correct in his submission. Considering the nature of accusation and the submissions as above, this application is allowed.

Let 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 Chief Judicial Magistrate, Madhubani in connection with Madhubani P. S. Case No. 65 of 2016, 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U