Suresh Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13953 of 2018 Arising Out of PS.Case No. -217 Year- 2017 Thana -KHAJEKALA District- PATNA ======================================================
1. Suresh Ray, S/o Vranasi Ray,
2. Jitendra Kumar @ Jitendra Kumar Ray, S/o Suresh Roy,
3. Dharmendra Kumar Ray @ Dharmendra Kumar @ Dharmendra Ray, S/o Suresh Ray,
4. Ramesh Kumar @ Ramesh Kumar Ray, S/o Suresh Ray, All R/o Mohalla- Keshav Rai Ki Gali, P.S.- Khajekala, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Khajekala P.S. Case No. 217/2017 instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.
It is alleged in the written report that the son of the informant, namely, Chhotu Malakar had gone somewhere on 27.10.2017 and did not return.
Learned counsel for the petitioners has submitted that mere suspicion has been raised against these petitioners. They have been implicated in this case on account of previous dispute. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.13953 of 2018 (3) dt.02-05-2018 2/2 the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in Khajekala P.S. Case No. 217/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna City, 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) petitioners 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 petitioners and (3) if petitioners 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 petitioners. (Sanjay Priya, J.)