Sarju Chaudhary @ Meni Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.26709 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26709 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -KHIJARSARAI District- GAYA ======================================================

1. Sarju Chaudhary @ Meni Chaudhary, Son of Badho Chaudhary, Resident of Village Horma, P.S. Khizar Sarai, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State. The petitioner apprehends his arrest in Khizarsarai P.S. Case No. 269 of 2016 instituted for the offence under Sections427, 307 & other minor sections of the Indian Penal Code. There is allegation against this petitioner of assaulting the daughter of the informant with Fasuli. The learned Sessions Judge in the impugned order has mentioned that the injury was simple in nature. It is mentioned in the written report itself that occurrence took place on account of land dispute. In paragraph-3, it has been mentioned that the petitioner has no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the

Patna High Court Cr.Misc. No.26709 of 2017 (2) dt.06-07-2017 event of their arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Khizarsarai P.S. Case No. 269 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Gaya subject to conditions 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