Bhola Teli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10433 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- KATEYA District- Gopalganj ====================================================== Bhola Teli S/o Ramesh Sah @ Ramesh Gupta , R/o Village- Kateya, Ward No. 09, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

SMT. REENA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kateya P.S. Case No. 33 of 2017 instituted for the offence under Sections 302 of the IPC.

Counsel for the petitioner has submitted that he is not named in the written report. In the written report, it is alleged that youngest son of the informant had gone out to play with children. Thereafter, the informant heard the noise at 1.00 pm that one dead body was lying near the canal at Mouza Belwania. The informant found there one Bauki Kumari sitting near the dead body of her son, who stated that her son has committed suicide by hanging with gamcha on Kadam tree. The informant suspected that the aforesaid girl has committed murder of her son because her son refused to marry with younger sister of

Patna High Court Cr.Misc. No.10433 of 2018(2) dt.28-02-2018 2/3 Bauki Kumari earlier. The counsel for petitoner has submitted that name of petitioner has come during investigation as mentioned in para 23 of the case diary. The informant and her son Ram Lakhan Rajbhar have told that Yogendra Chaubey had seen the petitioner with the deceased.

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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kateya P.S. Case No. 33 of 2017 to the satisfaction of the learned Additional Chief Judicial MagistrateXV, Gopalganj, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court Cr.Misc. No.10433 of 2018(2) dt.28-02-2018 3/3 liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) khushbu/- U T