Raj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62424 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Raj Kumar Ray, son of Arun Ray, resident of Village- Harinahi, Police Station- Kusheshwar Asthan (Tilkeshwar O.P.) and District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kusheshwar Asthan P.S. Case No.114 of 2017 instituted for the offence under Section(s) 341, 323, 307, 504, 506 Indian Penal Code. Allegation against this petitioner is that he assaulted the son of the informant with iron rod on the neck. Occurrence is said to have taken place on 25.04.2017, whereas, written report was filed on 29.04.2017 and the First Information Report has been registered on 04.06.2017, which will be apparent from the First Information Report.

There is no injury sustained by the son of the informant.

Case diary was called for, which has been received. Learned APP has submitted that there is no injury report of son

Patna High Court Cr.Misc. No.62424 of 2017 (4) dt.23-02-2018 2/2 of the informant in the case diary. The Additional Sessions Judge has also mentioned in the impugned order that there is no injury report.

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 Kusheshwar Asthan P.S. Case No.114 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 Sub-Divisional Judicial Magistrate, Benipur, 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 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