Vishnudeo Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31869 of 2017 Arising Out of PS.Case No. -129 Year- 2015 Thana -KHAGAUL District- PATNA ====================================================== Vishnudeo Rai, Son of Late Ram Janam Rai, Resident of VillageNavratanpur, P.O. & P.S.- Khagaul, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sushil Rai, Son of late Bangali Rai, Resident of Village- Chakmusa, P.O.-Mahamadpur, P.S.- Janipur, District- Panta. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Srivastava, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khagaul P.S. Case No. 129 of 2015 instituted for the offence under Sections 147, 148, 149, 325, 307, 379 and 504 of the Indian Penal Code. As per complaint, on the date of occurrence, this petitioner assaulted on the head of brother of the complainant Krishna Rai with iron rod.
It has been submitted that petitioner is father of the bride. The marriage has now been performed and a compromise petition has been filed between the parties in the court below, copy of which has been enclosed as Annexure-4. It is mentioned in the impugned order that no injury
Patna High Court Cr.Misc. No.31869 of 2017 (3) dt.17-07-2017 2/2 report has been filed by the informant, although, it has been claimed that treatment was done in Private Nursing Home. In such circumstances, 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 Khagaul P.S. Case No. 129 of 2015, 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 Additional Chief Judicial Magistrate-V, Danapur, 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.