Patna High CourtCR. MISC./37470/2015bail granted

Rakesh Chaudhary v. The State Of Bihar

2015-09-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37470 of 2015 Arising Out of PS.Case No. -101 Year- 2012 Thana -BUNIADGANJ District- GAYA ======================================================

1. Rakesh Chaudhary son of Late Rajkumar Chaudhary resident of village - Alipur, Police Station - Buniyadganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 343 and 364/34 of the Indian Penal Code.

The prosecution case is that the husband of the informant went traceless when suspicion was raised against the FIR named accused persons including the petitioner since there was some land dispute between the parties from before. It is submitted by the learned counsel for the petitioner that considering the suspicious nature of accusation other similarly situated accused persons have been granted anticipatory bail by this court vide Cr. Misc. Nos. 17458,50847 and 52479 of 2013. Statement has been made in paragraph 3 of the petition that the

Patna High Court Cr.Misc. No.37470 of 2015 (2) dt.16-09-2015 2/2 petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Buniyadganj P.S. Case No.101 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Since the case was instituted in 2012 and the learned Sessions Judge rejected the prayer for anticipatory bail in 2013, the learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T