← Library
Patna High CourtCR. MISC./48291/2017bail granted

Shashi Bhushan Singh And ANR v. The State Of Bihar

2017-10-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48291 of 2017 ======================================================

1. Shashi Bhushan Singh, son of Suresh Singh,

2. Soni Devi, wife of Shashi Bhushan Singh, both resident of villageGhatho P.S. Ghatho, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sujit Kr. Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Dalsingsarai P.S. Case No.123 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. It has been submitted that instant case is counter blast of Dalsingsarai P.S. Case No.122 of 2017 instituted by petitioner No.1 against the Informant and others. In the instant case, date of alleged occurrence is said to be 10.04.2017 and the case has been registered on 04.05.2017.

There is allegation against petitioner no.1 of assaulting the Informant on his head with farsa. Injury report of the Informant is annexed as Annexure-2, wherein, the doctor has found one lacerated wound over parietal scalp, which was found to be simple in nature. There is no repetition by the petitioner

Patna High Court Cr.Misc. No.48291 of 2017 (2) dt.17-10-2017 2/2 No.1.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Dalsingsarai P.S. Case No.123 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai, 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) petitioners 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) JA/- U T