Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45073 of 2017 Arising Out of PS.Case No. -712 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Sudhir Kumar, Son of Sri Shiv Kumar Verma, Resident of VillageLodipur, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Naubatpur P.S. Case No. 712 of 2015 instituted for the offence under Sections 302/34 of the Indian Penal Code.

As per written report, the occurrence was seen by motherin-law and Nanad of the informant namely, Manmaso Devi and Lalita Devi. The statement of both these witnesses has been recorded in the case diary.

Case diary has been received.

Manmaso Devi and Lalita Devi in their statement made in paragraph-5 of the case diary have levelled specific allegation against co-accused namely, Mukesh Kumar and Jitendra Kumar of causing firearm injury on husband (deceased) of the informant. A compromise petition has been filed in the court below,

Patna High Court Cr.Misc. No.45073 of 2017 (3) dt.13-10-2017 2/2 copy of which, has been enclosed as Annexure-2. Considering the facts and circumstances of the case, 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 Naubatpur P.S. Case No. 712 of 2015, 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 learned Additional Chief Judicial Magistrate-IInd, Danapur, Patna, 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) S.Ali/- U T