Bhim Bind And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.34904 of 2017 (2) dt.26-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34904 of 2017 Arising Out of PS.Case No. -201 Year- 2015 Thana -KHARAGPUR District- MUNGER ======================================================
1. Bhim Bind , Son of Late Uchit Bind,
2. Rajiv Bind @ Rajiv Kumar Son of Bhim Bind, Both are R/o VillageMahkola, P.S.- Kharagpur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kharagpur P.S. Case No. 201 of 2015 instituted for the offence under Sections-325, 307 & other minor Sections of the Indian Penal Code. It has been submitted on behalf of the petitioners that there is case and counter case between the parties. The wife of petitioner No. 1 has filed case being Kharagpur P.S. Case No. 208 of 2015 against the informant and his other family members for the same date of occurrence.
There is allegation in the written report that petitioners and other accused persons assaulted the grand father and wife of the informant.
The injury report of all the injured has been annexed as Annexure-3 series and the doctor has found pain and swelling over the
Patna High Court Cr.Misc. No.34904 of 2017 (2) dt.26-07-2017 hand and neck etc. caused by hard and blunt substance. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six 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 Kharagpur P.S. Case No. 201 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (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 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) A.K.V./- U T