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Patna High CourtCR. MISC./16945/2017bail granted

Abhishekh Kumar @ Abhishek Kumar v. The State Of Bihar

2017-05-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16945 of 2017 Arising Out of PS.Case No. -643 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Abhishekh Kumar @ Abhishek Kumar Son of Upendra Mahto @ Birendra Pd., Resident of Village- Kurtha Din P.S. Tehta O.P, DistrictJahanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jehanabad P.S. Case No. 643 of 2016 instituted for the offence under Sections341, 342, 323, 354 of the Indian Penal Code. As per written report, the informant took poison because she had love affairs with this petitioner and the petitioner refused to keep her. Besides this, there is allegation that the petitioner assaulted her when she went to his house. It has been submitted on behalf of the petitioner that both the petitioner and the informant are married. From the written report itself, it appears that there is no specific allegation against the petitioner.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.16945 of 2017 (2) dt.12-05-2017 2/2 allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jehanabad P.S. Case No. 643 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Jehanabad subject to condition as laid down u/S 438(2) of the 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 petitioners 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) A.K.V.