Chunchun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50518 of 2017 Arising Out of PS.Case No. -146 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Chunchun Yadav, son of late Takan Yadav, r/o village- Salempur, P.S.- Pirpainti, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pirpainti P.S. Case No. 146 of 2015 instituted for the offence under Sections 447, 341, 323, 308, 324 and 504/34 of the Indian Penal Code. It has been submitted that there is no any specific allegation of overt act against the petitioner. He is said to be husband of Pinki Devi against whom there is allegation of assault. It has further been submitted that the injury found on the person of the injured is simple in nature.
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 Pirpainti P.S. Case No. 146
Patna High Court Cr.Misc. No.50518 of 2017 (2) dt.02-11-2017 2/2 of 2015, 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 Additional Chief Judicial Magistrate-XI, Bhagalpur, 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.Ali/- U T