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Patna High CourtCR. MISC./44722/2017bail granted

Raju Kumar Bhuiya v. The State Of Bihar

2017-10-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44722 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Raju Kumar Bhuiya, son of Lalan Bhuiya, resident of village-Mounia Bigha, P.O. & P.S.-Dalmia Nagar, District-Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Dehri (Dalmia Nagar) P.S. Case No.317 of 2017 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.

It has been submitted that this petitioner is elder brother of Ranjan Kumar against whom there is specific allegation made in the written report of kidnapping minor daughter of the Informant.

From the written report itself, it appears that general and omnibus allegation has been levelled against this petitioner. Specific allegation is against co-accused-Ranjan Kumar. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.44722 of 2017 (3) dt.12-10-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dehri (Dalmia Nagar) P.S. Case No.317 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Dehri on Sone, Rohtas, subject to the conditions as laid down under Section 438(2) 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) JA/- U T