Sitaram Singh @ Sita Ram Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52522 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Sitaram Singh @ Sita Ram Singh, son of late Chandar Singh,

2. Rajesh Kumar @ Rajesh Kumar Singh, son of Sri Shankar Singh, both are resident of Village-Gawpur, P.S.-Ujiyarpur, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Sri Uday Chand Prasad, APP Mr. Shakti Suman Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-12-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Ujiyarpur P.S. Case No.122 of 2017 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code. Allegation against petitioner no.1 is that he assaulted the informant with iron rod and petitioner no.2 assaulted the informant with spade causing head injury to her. Case diary has been received, wherein, injury report of the informant is mentioned in para 23. The doctor has found only one injury on the head of the informant, which was simple in nature.

Counsel for the informant has appeared and opposed

Patna High Court Cr.Misc. No.52522 of 2017 (4) dt.22-12-2017 2/2 the prayer for bail.

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 Ujiyarpur P.S. Case No.122 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 SubDivisional Judicial Magistrate, Dalsinghsarai, Samastipur, 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