Prince Raj Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31614 of 2019 Arising Out of PS. Case No.-611 Year-2018 Thana- DIGHA District- Patna ====================================================== PRINCE RAJ GAUTAM Son of Sri Ram Babu Rai Resident of Village - Domachak, P.S.- Kazi Mohamadpur, Distt - Muzaffarpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Digha P.S. Case No. 611 of 2018 for the offence punishable under Section 363 and 364 of the Indian Penal Code. It appears from the First Information Report that in an attempt to hit a dog, the victim child has hit a car coming from the opposite direction, damaging the windshield of the car. It seems, out of anger, the Driver of the vehicle, who is the petitioner herein, caught the child, pushed him into the car, took him to some distance and thereafter dropped him at some place, not very far.

Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim recorded under Section 164 of the Cr.P.C. in support of his submission that there was nothing deliberate.

Patna High Court CR. MISC. No.31614 of 2019(2) dt.13-05-2019 2/2 Considering the nature of occurrence, I am of view that a case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna, in Digha P.S. Case No. 611 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T