Dhaneshwar Rai @ Dhaneshwar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11331 of 2018 Arising Out of PS. Case No.-755 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Dhaneshwar Rai @ Dhaneshwar Prasad Yadav, S/o Jhapsi Rai, Resident of Village-Parsauna, P.S.-Turkauliya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Turkauliya P.S. Case No. 755 of 2017, instituted for the offence under Sections 302,201,120B of the IPC.

Counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner. In the written report, it is alleged that co-accused Bulbul Kumar called his son, since then, his son was found missing. Later on, the informant got information that his son was dead and subsequently, the informant got information that dead body of his son is lying near Kotwa Ghat. As mentioned in the written report, the villagers apprehended Bulbul Kumar and handed him over to the police. The informant inquired from Bulbul Kumar, but he did not take the name of anybody including this petitioner.

Patna High Court Cr.Misc. No.11331 of 2018(3) dt.04-04-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Turkauliya P.S. Case No. 755 of 2017, to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.