Patna High CourtCR. MISC./34261/2017bail granted

Sogarath Sah v. The State Of Bihar

2017-09-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34261 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -PUPRI District- SITAMARHI ====================================================== Sogarath Sah, s/o Kumar Sah, Resident of Village- Aawapur Dakhini, P.S. Pupri, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pupari P.S. Case No. 21 of 2017 instituted for the offence under Sections 341, 323, 324, 354, 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that occurrence has taken place on account of altercation between the daughter of the informant and daughter of the petitioner. There is allegation in the written report that this petitioner assaulted the informant with leg in her stomach due to which blood started oozing from her private part. Case diary has been received.

The injury report is available in the case diary wherein the Doctor has stated about bleeding injury but no final opinion is

Patna High Court Cr.Misc. No.34261 of 2017 (3) dt.21-09-2017 2/2 given by him.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Pupri P.S. Case No. No. 21 of 2017, 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 learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) S.