Upen Mallik @ Upendra Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 74827 of 2018 Arising Out of PS. Case No.-254 Year-2017 Thana- NARPATGANJ District- Araria ====================================================== Upen Mallik @ Upendra Dom, Son of Fani Dom, Resident of VillageGolabari, Ramai, Tiraskund, P.S.- Simraha, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Sections 302, 120B, 328/34 of Indian Penal Code. It is submitted by the petitioner's counsel that on the basis of suspicion, petitioner has been implicated in this case. Pointing out to the allegations made in the first information report, he submits that the bona fide of the petitioner is apparent from the allegations wherein it has been stated that in fact petitioner had given intimation to the informant regarding the death of the victim. There is no criminal antecedent against the petitioner prior to the instant case.

Considering the aforesaid submissions and the facts

Patna High Court Cr.Misc. No.74827 of 2018(2) dt.19-12-2018 2/2 and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Narpatganj Police Station Case No 254 of 2017, GR No 1891 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T