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Patna High CourtCR. MISC./55798/2017bail granted

Ganesh Sah v. State Of Bihar And ANR

2018-01-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55798 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -SURSAND District- SITAMARHI ======================================================

1. Ganesh Sah, Son of Late Kanchan Sah, Resident of Village- Piprarhi, P.S. Sursand, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kaushalaya Devi, Wife of Budhu Sah, Resident of Village+ PostKhairwa, P.S. Bela, District- Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sursand P.S. Case No.168 of 2017 instituted for the offence under sections 304(B) and 201/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is father-in-law of the informant. From the written report itself, it appears that there is general and omnibus allegation against the petitioner. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with, Sursand P.S. Case No.168 of 2017 shall be released on

Patna High Court Cr.Misc. No.55798 of 2017 (4) dt.29-01-2018 2/2 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 Sub Divisional Judicial Magistrate, Pupri, 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 co-operate 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) Amit/- U T