Jitendra Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12908 of 2018 Arising Out of PS.Case No. -6 Year- 2017 Thana -BARHARA District- PURNIA ======================================================
1. Jitendra Dom, Son of Narayan Dom, Resident of Village-Basudeopur Ward No.3, Police Station-Barhara, District-Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Barhara P.S.Case No.06 of 2017 registered for offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assaulting the son of the informant causing injury. Submission of the learned counsel for the petitioner is that no specific overtact has been mentioned and there are case and counter case between the parties and there is delay of 12 days in lodging the FIR.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.12908 of 2018 (2) dt.03-04-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection with Barhara P.S.Case nO.06 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T