Patna High CourtCR. MISC./48956/2019bail granted

Dharm Kumar Rai @ Dharm Kumar Yadav v. The State Of Bihar

2019-08-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48956 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- NAYAGAON District- Saran ====================================================== DHARM KUMAR RAI @ DHARM KUMAR YADAV Son of Vijay Rai Resident of Village- Hasilpur, P.S. Nayagaon, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nayagaon P.S. Case No. 48 of 2019, disclosing the offence under Sections 341, 323, 354, 380, 452, 504, 34 of the Indian Penal Code and Sections 3, 4 of the Witch Act. Learned counsel for the petitioner has submitted that the informant and the persons named in the FIR are agnates and live in the same residential house. The FIR has been registered on the basis of a complaint case filed more than one month of the alleged date of occurrence. Though there is allegation of assault made by the persons named in the FIR/complaint case, there is no injury report on record.

Considering the above, this application is allowed. Let

Patna High Court CR. MISC. No.48956 of 2019(2) dt.06-08-2019 2/2 the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-13, Saran at Chapra in Nayagaon P.S. Case No. 48 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Chakradhari Sharan Singh, J) Rajesh/- U T