Ranjit Rai @ Ranjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9098 of 2018 Arising Out of PS.Case No. -30 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Ranjit Rai @ Ranjeet Rai S/o Yogendra Rai, R/o Village- Chak Mohammad Chisti, P.S.- Ganga Bridge, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Ganga Bridge P.S. Case No. 30/2017 instituted for the offence under Section 302/34 of the Indian Penal Code.

It has been alleged in the written report that this petitioner along with Randhir Rai assaulted the wife of the informant with iron rod on account of which she fell down. They also assaulted with leg and fists on her chest and she died. Learned counsel for the petitioner has submitted that in the post-mortem report the doctor has not claimed any injury. The viscera has been kept reserved. The doctor has opined that the death is due to asphyxia following smothering. It has been submitted that

Patna High Court Cr.Misc. No.9098 of 2018 (3) dt.23-03-2018 2/2 one of the accused persons having allegation of assault, namely, Randhir Rai, has been granted anticipatory bail vide order dated 16.01.2018 passed in Cr. Misc. No. 58713/2017. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ganga Bridge P.S. Case No. 30/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 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 the petitioner tamper 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.)