Abdul Rahman @ Rahman v. The State Of Bihar

Patna High Court Cr.Misc. No.38404 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38404 of 2017 Arising Out of PS.Case No. -203 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Abdul Rahman @ Rahman, S/o Abdul Hakim @ Hakimuddin, resident of Teghra, P.S.- Azamnagar, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ajamnagar (Salmari OP) P.S. Case No. 203 of 2017 instituted for the offence under Section307 & other minor Sections of the Indian Penal Code. As per written report, this petitioner assaulted the informant with Dabiya on his head. The injury report has been annexed as Annexure-2 to this petition wherein the doctor has found injury on the hand of the informant, caused by hard and blunt object. The injury was found to be simple in nature. The petitioner is said to be father-in-law of the informant.

Counsel for the petitioner has submitted that dispute has taken place on account of family discord.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his

Patna High Court Cr.Misc. No.38404 of 2017 (3) dt.25-08-2017 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 in Ajamnagar (Salmari OP) P.S. Case No. 203 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Katihar 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