Pravesh Chandra Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61260 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -SAHJAHANPUR District- PATNA ======================================================
1. Pravesh Chandra Azad S/o Late Hari Singh, R/o Village- Erai (Etwari Tola), P.S.- Shahjahanpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Utsav Kumar, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Shahjahanpur P.S. Case No. 57 of 2017 instituted for the offence under Sections 341,323,504,506,354B,379 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner has also lodged case vide Shajahanpur P.S. Case No. 58 of 2017 against the informant and others. The petitioner is own devar of the informant. From the written report, it appears that there is land dispute between the parties. The informant alleged that on account of aforesaid dispute the petitioner abused the informant and also pushed her down on the ground and pulled her sari.
Learned counsel for the informant opposes the prayer
Patna High Court Cr.Misc. No.61260 of 2017 (3) dt.08-02-2018 2/3 of anticipatory bail of the petitioner and submitted that she is a widow lady. This petitioner want to get executed sale deed in his favour.
From the written report, it appears that there is land dispute between the parties.
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 bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Shahjahanpur P.S. Case No. 57 of 2017, to the satisfaction of the learned Additional Chief Judicial Magistrate- VII, Patna City, 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) petitioner 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 petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.61260 of 2017 (3) dt.08-02-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) khushbu/- U T