Arvind Singh @ Arvind Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54620 of 2017 Arising Out of PS.Case No. -153 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================
1. Arvind Singh @ Arvind Kumar Singh, son of late Bhubneshwar Singh, R/o Village- Laualagam Western Ward No. 08, P.S.- Chausa, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Chausa P.S. Case No.153 of 2014 instituted for the offence under Section(s) 302, 120-B/34 Indian Penal Code.
It is alleged in the written report that the informant got information on telephone that his husband was killed by unknown person by throttling him. The informant along with his son rushed to the place of occurrence and found her husband dead. It is stated in the written report that her husband had no enmity with anybody. There was sign of rope on the throat of dead body and his tongue was under teeth. Sign of ear bleeding was also there. As such, case was filed against unknown. From the impugned order, it appears that name of
Patna High Court Cr.Misc. No.54620 of 2017 (3) dt.12-12-2017 2/3 this petitioner has come in para 22 of the case diary in the statement of one Md. Etabul, who has stated that on the alleged date of occurrence petitioner was seen at the gate of the deceased. Besides this suspicion, there is no allegation against the petitioner.
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 in Chausa P.S. Case No.153 of 2014, 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 Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura, 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,
Patna High Court Cr.Misc. No.54620 of 2017 (3) dt.12-12-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T