Dharmendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52182 of 2017 Arising Out of PS.Case No. -284 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. Dharmendar Kumar S/o Late Ramdeo Yadav Resident of villageMoriyalchak, P.S.- Dobhi, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sherghati P.S. Case No. 284 of 2017 instituted for the offence under Sections-364, 387, 34 of the Indian Penal Code and 17 of CLA Act.

It has been submitted that petitioner is not named in the written report. He has clean antecedent.

The learned Sessions Judge has mentioned in the impugned order that name of this petitioner has been disclosed by Santosh Kumar and Vikash Kumar in their confessional statement in para-34 of the case diary.

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

Patna High Court Cr.Misc. No.52182 of 2017 (3) dt.13-11-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Sherghati P.S. Case No. 284 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya 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