Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50372 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Rajesh Rai, son of Kishori Rai, resident of- Dhanushi, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Dumra P.S. Case No.159 of 2017 instituted for the offence under Section(s) 341, 323, 324, 307, 504/34 Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant with Dabiya on the head.

Injury report of the informant has been annexed as Annexure-3 and the same is also available in the case diary. The doctor has found only one injury on the head of the informant, which has been found to be simple but dangerous to life. As such, it appears from the written report itself that there is no repetition of blow.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.50372 of 2017 (5) dt.05-01-2018 2/2 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 Dumra P.S. Case No.159 of 2017, 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, Sitamarhi, 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.