← Library
Patna High CourtCR. MISC./18510/2018bail granted

Dharmdeo Kumar v. The State Of Bihar

2018-04-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18510 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Dharmdeo Kumar, S/o Late Kamta Singh @ Late Kamta Prasad, r/o village- Khajurbara, P.S.- Shakurabad in the District of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Shakurabad P.S. Case No.14 of 2018 instituted for the offence under Section(s) 341, 323, 325, 307, 504/34 Indian Penal Code. It has been submitted that there is case and counter case between the parties. This case has been filed as counter blast of Shakurabad P.S. Case No.15 of 2018 filed by the nephew of this petitioner against the informant and others. In the written report, it is alleged that this petitioner assaulted the informant and his mother-in-law with iron rod on the head.

Injury report of the informant and his mother-in-law is annexed as Anenxure-3, wherein, doctor has found only

Patna High Court Cr.Misc. No.18510 of 2018 (3) dt.26-04-2018 2/2 complain of pain.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Shakurabad P.S. Case No.14 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub JudgeI-cum-Additional Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T