Vikash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42823 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Vikash Ray Son of Ramji Ray resident of village - Takipur, P.S. - Maharajpur, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Maharajganj P.S. Case No. 53 of 2016 instituted for the offence under Sections-306, 379 & other minor Sections of the Indian Penal Code. It has been submitted that in the instant case, police filed final form but the court below has taken cognizance against the petitioner differing with the final form. It has further been submitted that witnesses in paragraphs-6 & 7 of the case diary have stated that one Mahamaya Rai has assaulted the son of informant whereas the informant has alleged that this petitioner has assaulted the son of the informant.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.42823 of 2017 (3) dt.09-10-2017 2/2 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 in Maharajganj P.S. Case No. 53 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan 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 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) A.K.V./- U T