Satendra Rai @ Satendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41936 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Satendra Rai @ Satendra Kumar Son of Sri Amarnath Rai Permanent Resident of Village- Kaladiyara, P.S. Salimpur, District Patna, Present residing at Bakhtiyarpur, P.S. Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jayram Sharma For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bakhtiyarpur P.S. Case No. 246 of 2016 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that other co-accused namely, Nagendra Rai and Upendra Rai with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 11-08-2017 passed in Cr. Misc. No. 26064 of 2017.
In the aforesaid order, the Hon'ble Judge has after perusing the case diary mentioned that from the case diary, it appears that it is a case of suicide.
It has been submitted that this petitioner is younger brother of the deceased. There is general and omnibus allegation against the
Patna High Court Cr.Misc. No.41936 of 2017 (3) dt.13-09-2017 petitioner.
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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 246 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna 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