Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13089 of 2016 Arising Out of PS.Case No. -1243 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Umesh Singh Son of Mahendra Singh Resident of Village- Malaw, P.S.- Rajpur, District-Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr.M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-04-2016 Heard the counsel for the petitioner and Mr.
Dayal APP for the State.
The petitioner apprehends his arrest in connection with Sasaram (Muf.) P.S. case no. 1243 of 2015 registered under Sections 147,148,149,323, 324 and 307 of the IPC.
There is general allegation attributed to the accused except that co accused Bhola Singh assaulted the husband as well as the daughter of the informant.
Counsel for the petitioner draws attention of the Court to the FIR in order to contend that there is apparent contradiction as the written report was filed on 30.10.2015 and
Patna High Court Cr.Misc. No.13089 of 2016 (2) dt.25-04-2016 2/3 the FIR was drawn on 5.11.2015 in which the date of occurrence is noted as 3.11.2015. That apart it is stated that considering the facts of case, co -accused Bhola Singh has been granted anticipatory bail by this Court vide order dated 20.4.2016 passed in Cr. Misc. no. 14450 of 2016. The petitioner has no criminal antecedent.
In the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram ( Muf) P.S. case no. 1243 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in
Patna High Court Cr.Misc. No.13089 of 2016 (2) dt.25-04-2016 3/3 such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T