Rajaram Chero And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16873 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================
1. Rajaram Chero, son of Shiv Pujan Chero,
2. Ram Awatar Chero @ Mansedhan Chero (Mansedh Chero) son of Suraj Chero, Both r/o village- Karah, P.S. Adhoura, District Kaimur at Bhabua. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Adhoura P.S. Case No. 15 of 2017, G.R. No. 888 of 2017 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. In the written report there is allegation that co-accused Suraj Chero used to play black magic with the family of the informant for last ten months. Informant has further alleged that his son had gone for call of nature and on the next day dead body of his son was found hanging from the tree. Mere suspicion has been raised against the petitioner by the informant.
Learned counsel for the petitioners has submitted that coaccused Rajendra Chero with similar allegation has been granted anticipatory bail by this Court vide order dated 09.03.2018 passed in
Patna High Court Cr.Misc. No.16873 of 2018 (5) dt.18-05-2018 2/2 Cr. Misc. 12642 of 2018.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Adhoura P.S. Case No. 15 of 2017, G.R. No. 888 of 2017 they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T