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Patna High CourtCR. MISC./34555/2017bail granted

Pappu Thakur v. The State Of Bihar

2017-07-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34555 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SIMULTALA District- JAMUI ====================================================== Pappu Thakur, son of late Lajeet Thakur, resident of village Panna, Police Station Simultalla, Distt. Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Simultala P.S. Case No. 04 of 2017 instituted for the offence under Sections 147, 148, 452, 323, 307, 380, 504 read with 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that occurrence is said to have taken place on 5.9.2012. The complaint has been filed on 20.3.2013 and was sent to Police Station under Section 156(3) Cr. P.C. Thereafter, the instant case has been lodged on 1.2.2017.

In the written report it is alleged that this petitioner assaulted Dewar of the informant namely, Jai Prakash Thakur with iron rod causing injury on his nose and hands. The injury report of Jai Prakash Thakur has been enclosed as Annexure-2 wherein the Doctor has found injury No. 1 was simple in nature whereas injury No. 2 as per x-ray of right hand, shows fracture and dislocation of metacarpal bone

Patna High Court Cr.Misc. No.34555 of 2017 (2) dt.24-07-2017 2/2 of right ring finger. The injury No. 2 was not on vital part of the body. 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 Simultala P.S. Case No. 04 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, Jamui, 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 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) S.Ali/- U T