Keshav Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.31890 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31890 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Keshav Sao Son of Buchchi Sao, Resident of Village-Belhauri, Police Station-Dulhin Bazar, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parashuram Singh For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dulhin Bazar P.S. Case No. 46 of 2017 instituted for the offence under Sections307/34, 304B of the Indian Penal Code. From the written report itself, it appears that the petitioner is a neighbour of the informant. There is no any specific overt act against the petitioner in the written report. Counsel for the informant has appeared and she has pointed out towards para-23 of the case diary, which is fardbyan of the informant recorded in the hospital and in that statement also, there is no any specific overt act against the petitioner. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event

Patna High Court Cr.Misc. No.31890 of 2017 (2) dt.13-07-2017 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dulhin Bazar P.S. Case No. 46 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur, Patna subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T