Ram Raji Mandal @ Ram Raju Mandar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46269 of 2018 Arising Out of PS.Case No. -372 Year- 2013 Thana -BAHERI District- DARBHANGA ====================================================== Ram Raji Mandal @ Ram Raju Mandar, s/o Thako Mandal, resident of village- Sirsiya, P.S.- Baheri, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Jha, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Baheri P.S. Case No.372 of 2013 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 386, 427, 379, 504 Indian Penal Code. Counsel for the petitioner submits that there is case and counter case between the parties. Petitioner has filed Baheri P.S. Case No.370 of 2013 against husband of the informant and other accused persons. It has further been submitted that other coaccused have been granted anticipatory bail by co-ordinate Benches of this Court by order dated 08.02.2017 passed in Cr. Misc. No.41128 of 2016 and order dated 19.07.2017 passed in Cr. Misc. No.23705 of 2017.
Patna High Court Cr.Misc. No.46269 of 2018 (3) dt.05-09-2018 2/3 In the impugned order, there is allegation against this petitioner of assaulting father-in-law of the informant on his head with iron rod.
Injury report of father-in-law of the informant has been annexed as Annexure-5, which shows that he has sustained only one injury on the scalp, which was lacerated wound of size 3 cm x 1 cm x 1⁄2 cm and opinion has been kept reserved. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Baheri P.S. Case No.372 of 2013, 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 Chief Judicial Magistrate, Darbhanga, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.46269 of 2018 (3) dt.05-09-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T