Buchan Gond @ Bachan Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27122 of 2017 Arising Out of PS.Case No. -297 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Buchan Gond @ Bachan Gond, son of Sri Kishun Gond, resident of Village : Lachhu Tola, P.S. : Ara Muffasil, District : Bhojpur at Ara. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vikram Deo Singh, Adv. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Ara Mufassil P.S. Case No. 297 of 2016, disclosing offences under Sections 147, 341, 323, 504 and 306 of the Indian Penal Code.

It is alleged against the petitioner that because of his instigation, the deceased committed suicide. Referring to the allegation made in the First Information Report, learned counsel for the petitioner has submitted that no offence, under Section 306 of the Indian Penal

Patna High Court Cr.Misc. No.27122 of 2017 (2) dt.01-07-2017 2/2 Code, can be said to be made out in the absence of allegation that the petitioner abated commission of suicide, if the deceased had at all committed suicide.

I find substance in the submission made on behalf of the petitioner. This application is, accordingly, allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection Ara Mufassil P.S. Case No. 297 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T