Dhannu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55546 of 2017 Arising Out of PS.Case No. -17 Year- 2001 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ======================================================

1. Dhannu Rai, S/o Chaittu Rai @ Chetu Rai, R/o Village- Parasi , P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Jhajha (Rail) GRPS Case No.17 of 2001 instituted for the offence under Section(s) 367, 120-B, 364, 302 Indian Penal Code. Counsel for the petitioner has submitted that case has been registered on the basis of complaint filed by the Complainant in which this petitioner was shown as witness, but during enquiry, police has made this petitioner as accused merely on suspicion created by one of the witness in his statement recorded in para 18 of the case diary. It has been mentioned in para 3 of the bail petition that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.55546 of 2017 (3) dt.11-12-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jhajha (Rail) GRPS Case No.17 of 2001, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Kiul, 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 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) JA/- U T