Sudama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12659 of 2018 Arising Out of PS.Case No. -61 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Sudama Rai, S/o Late Hariya Rai, R/o village- Rustampur, P.S.- Garkha, Distt.- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Garkha P.S. Case No. 61 of 2017 instituted for the offence under Sections 341, 323, 147, 148, 149, 354, 379, 324, 307, 504 and 506 of the Indian Penal Code.

In the written report it is alleged that petitioner assaulted the informant with Bhala on her chest but it hit on her left hand.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The petitioner has lodged a case vide Garkha P.S. Case No. 55 of 2017 against the informant.

The injury report of the informant has been enclosed

Patna High Court Cr.Misc. No.12659 of 2018 (2) dt.08-03-2018 2/2 as Annexure-3 which shows that the informant has sustained simple injury on her person caused by hard and blunt substance. 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 Garkha P.S. Case No. 61 of 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 learned Chief Judicial Magistrate, Saran, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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