Ram Padarth Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55895 of 2017 Arising Out of PS.Case No. -198 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Ram Padarth Chaudhary, Son of Late Baleshwar Choudhary, Resident of Village- Rasulpur, P.S.- Desari (Chanpura O.P.), District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Desari P.S. Case No. 198 of 2015 instituted for the offence under Sections 341, 323, 324, 337, 354, 504 and 34 of the Indian Penal Code. It has been submitted that petitioner is own brother-inlaw of the informant. The instant case has been lodged on account of land dispute between the parties. There is allegation against this petitioner that he gave order to his son to kill the informant who caused injury to the informant with knife and her other family members as mentioned in the written report.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.55895 of 2017 (2) dt.23-11-2017 2/2 weeks from today, in connection with Desari P.S. Case No. 198 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Miss Sima Kumari, learned Judicial Magistrate, 1st Class, Vaishali at Hajipur, 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) S.Ali/- U T