Rameshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58323 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Rameshwar Ram, S/o Late Phaguni Ram, Resident of Village- Bisunpur Arra, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Goraul P.S. Case No. 07 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It has been submitted that there is case and counter case between the parties. Counter case bearing SC/ST P.S. Case No. 55 of 2016 has been filed by Chinta Devi wife of Bijendra Ram (daughter in law of the petitioner) against Ankit Kumar and others. In the instant case, there is allegation against this petitioner that he assaulted the informant on head with LOTA. It has been submitted that the petitioner is 75 years old person and he has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.58323 of 2017 (2) dt.19-12-2017 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 Goraul P.S. Case No. 07 of 2017to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur 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