Ram Badan Mahton @ Sanjiv Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10025 of 2017 Arising Out of PS.Case No. -124 Year- 2012 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Ram Badan Mahton @ Sanjiv Kumar Verma Son of Late Parmeshwar Mahton, Resident of Village- Bagwara Tola, Kushwaha, Ward No. 9, P.S.- Muffasil, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Muffasil P.S. Case No. 124 of 2012 instituted for the offence under Sections 341, 342, 363, 364 and 302 of the Indian Penal Code. It is alleged that grandson of the informant aged about 8-9 years was playing along with other boys near the house of this petitioner. The grandson of the informant did not return in the evening, then the informant along with mantun Mahton searched but he could not find any clue and ultimately returned to his house. It is further alleged that one unknown person came on motorcycle in the house of this petitioner and returned after two hours. He was putting something wrapped in the cloth on the
motorcycle between two persons. When the informant inquired about the persons who came on motorcycle, the petitioner did not give any satisfactory reply about it. Thereafter, the complainant gave information to the Police Station regarding missing of his grandson on 21.3.2012.
In this manner, from the written report itself it appears that mere suspicion has been raised against the petitioner. It is mentioned in paragraph-3 of the bail petition that the petitioner has no criminal antecedent.
Case diary has been received.
Learned A.P.P. has submitted that in the case diary also mere suspicion has been raised against the petitioner. Considering the facts and circumstances of the case, 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 Muffasil P.S. Case No. 124 of 2012, 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 learned Chief Judicial Magistrate, Begusarai, 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) 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 tampers 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) S.Ali/- U T