Patna High CourtCR. MISC./44567/2017bail granted

Rambali Mahto v. The State Of Bihar

2017-12-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44567 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -JANDAHA District- VAISHALI (HAJIPUR) ====================================================== Rambali Mahto, S/o Ramnath Mahto, Resident of Village- Bedaulia, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha, Adv. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Jandaha P.S. Case No. 24 of 2017, disclosing offences under Sections 323, 341, 324, 325, 379 and 504/34 of the Indian Penal Code.

The petitioner and the informant are full brothers. The date of occurrence has been described as 08.02.2017. It is alleged that the accused persons assaulted the informant with Garasa, causing injury. Learned counsel for the petitioner has submitted that though the occurrence is said to be of 08.02.2017, the injury, which is being referred to in the case diary, was examined by the doctor on 06.02.2017.

On perusal of the case diary, it appears that the

Patna High Court Cr.Misc. No.44567 of 2017 (3) dt.20-12-2017 2/2 injury, which the informant had sustained, is of 06.02.2017.

Learned Counsel for the petitioner appears to be correct in her submission.

In that view of the matter, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 24 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T