Vijay Rai @ Brij Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38607 of 2017 Arising Out of PS.Case No. -400 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Vijay Rai @ Brij Kishore Rai, son of Shiv Nandan Rai, resident of village- Bhaluhi, Police Station- Marhowrah, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Marhowrah P.S. Case No.400 of 2016 instituted for the offence under Section(s) 147, 148, 341, 323, 354, and 504 Indian Penal Code. It has been submitted that petitioner is brother-inlaw (elder brother of husband) of the informant. Altercation had taken place for taking out the garbage.

In the written report, there is general and omnibus allegation that this petitioner pulled the Saree of the Informant. 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 Marhowrah P.S. Case

Patna High Court Cr.Misc. No.38607 of 2017 (3) dt.30-08-2017 2/2 No.400 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Saran at Chapra, 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) JA/- U T