Shital Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8628 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- PARIHAR District- Sitamarhi ======================================================
1. Shital Prasad, S/o Baldeo Prasad,
2. Mukund Kumar @ Munna Prasad, S/o Shital Prasad, All Resident of Village- Sutihara, Ward No. 9, P.S. Parihar, DistrictSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Parihar P.S. Case No. 182 of 2017, instituted for the offence under Sections 341,504,506,379,307/34 of the IPC.
It is alleged in the written report that on order of petitioner no. 1, his son namely Shivam Prasad, assaulted the informant with knife on the head. The Second son Munna Prasad assaulted with iron rod causing injury. The case diary has been received, wherein, injury report of informant has been mentioned. Doctor has found one incised wound 3"x1/4" on top of the skull and one incised wound 1"x1/6" skin deep on left forearm caused by sharp cutting weapon injury no. 1 is grievous in nature, whereas, injury no. 2 is simple.
Patna High Court Cr.Misc. No.8628 of 2018(3) dt.21-03-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Parihar P.S. Case No. 182 of 2017, to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners 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 petitioners.
(Sanjay Priya, J) khushbu/- U T