Ashok Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13925 of 2018 Arising Out of PS.Case No. -304 Year- 2016 Thana -RAJAUN District- BANKA ====================================================== Ashok Ram, Son of Naresh Ram, Resident of Village- Uprama, P.S.- Rajoun, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajoun P.S. Case No. 304 of 2016 instituted for the offence under Section 364 of the Indian Penal Code.

In the written report it is alleged that son of the informant had gone along with the petitioner and co-accused Sunil Ram to earn his livelihood, but he did not return. The informant enquired about his son from the petitioner, but he did not give satisfactory reply.

Case diary has been received.

Statement of the informant is available in paragraph-5 of the case diary wherein he has stated that this petitioner has not taken his son rather his son was taken by co-accused Sunil Ram.

Patna High Court Cr.Misc. No.13925 of 2018 (3) dt.08-05-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajoun P.S. Case No. 304 of 2016, 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 learned Chief Judicial Magistrate, Banka, 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) S.Ali/- U T