Siddique Bham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52828 of 2017 Arising Out of PS.Case No. -91 Year- 2004 Thana -PALASI District- ARRARIA ======================================================

1. Siddique Bham Son of Jainuddin Bham Resident of village- Dhangama, Police Station- Palasi, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Palasi P.S. Case No. 91 of 2004 instituted for the offence under Sections -447, 341, 323, 325, 307, 379, 503/34 of the Indian Penal Code.

As per written report, petitioner is alleged to have assaulted the informant on head by means of Farsa. It is submitted by the learned counsel for the petitioner that he has been falsely implicated in this case. Case diary has been received and injury report is available. As per injury report, the doctor has found one sharp cut injury on left parietal side of the head, which is simple in nature. Except one injury, there is no other allegation against the petitioner. It is further submitted that compromise has also taken place.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.52828 of 2017 (3) dt.28-11-2017 2/2 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Palasi P.S. Case No. 91 of 2004 to the satisfaction of learned Judicial Magistrate-1st Class, Araria 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) sushma/- U T