Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39979 of 2017 Arising Out of PS.Case No. -424 Year- 2016 Thana -BODHGAYA District- GAYA ======================================================

1. Pramod Kumar son of Babu Choudhary @ Bablu Choudhary, resident of Village- Khanjahapur, Police Station- Buniyadganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bodh Gaya P.S. Case No. 424 of 2016 instituted for the offence under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted that petitioner is not named in the written report. His name has surfaced in supervision note of Dy. S.P. In the written report, the informant has alleged that he found the dead body of his wife Suramani Devi lying on road in front of house. His elder son Sharawan Kumar aged about 12 years disclosed that Guddu (son of the brother of Meena Devi) along with one person came from motorcycle and entered into the house of Meena Devi and on coming out from the house, he shot fire upon his wife Suramani Devi. In the impugned order also, it is mentioned that name of this petitioner has come in supervision note of Dy. S.P.

Patna High Court Cr.Misc. No.39979 of 2017 (2) dt.30-08-2017 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 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 Bodh Gaya P.S. Case No. 424 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Gaya 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 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