Patna High CourtCR. MISC./42665/2016bail granted

Ram Pravesh Choudhary v. State Of Bihar And ANR

2016-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42665 of 2016 ====================================================== Ram Pravesh Choudhary, Son of late Shiv Badan Mahto , resident of village-Kukudha, P. S. Itarhi, District- Buxar .... .... Petitioner/s

Versus

1. State of Bihar

2. Brij Bihari Ram, son of Ghurbhari Ram R/O Village-Nanoura, P. S. Rajpur, District-Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Rajpur P. S. Case No. 272 of 2012, disclosing offences under Sections 302 and 328 of the Indian Penal Code. It is stated in paragraph 19 of the application that the police in their final form have found the allegation made against the petitioner to be false. Learned Court below has, however, taken cognizance of the offence, differing with the report of the police.

Learned counsel appearing on behalf of the petitioner has submitted that since the investigation is complete and the petitioner is ready to present himself before the Court as and when required, no tangible purpose would be served if the petitioner is taken into custody.

Considering the above submission, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Rajpur P. S. Case No. 272 of 2012, 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 petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U