← Library
Patna High CourtCR. MISC./46985/2018bail granted

Anil Dom v. The State Of Bihar

2018-08-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46985 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Anil Dom Son of Mangni Dom Resident of Barari, P.S. Barari, DistrictBarari, Permanent address- Resident of Aguani, P.S. Parbatta, DisttKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Kotwali (Barari) P.S. Case No. 76/2018, instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner in the written report. It is alleged in the written report that son of informant, namely, Shrawan Kumar, aged about18 years, had gone towards Pool Ghat, but did not return. Later on, the informant heard rumour that a dead body is lying on the bank of river. Then she went there and identified the dead body of her son. The

Patna High Court Cr.Misc. No.46985 of 2018 (2) dt.27-08-2018 2/2 informant raised suspicion that the petitioner along with others might have killed her son as her son was always living with them. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali (Barari) P.S. Case No. 76/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) 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 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 petitioner. (Sanjay Priya, J.)