Ramjee Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56325 of 2017 Arising Out of PS.Case No. -238 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Ramjee Singh, S/o Sri Dhani Singh, R/o village - Harinampur, P.S. - Kargahar (Barhari O.P.), District - Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Kargahar (Barhari OP) P.S. Case No.238 of 2017 instituted for the offence under Section(s) 302, 201, 467, 468, 420/34 Indian Penal Code.
Counsel for the petitioner has submitted that informant is the niece of this petitioner. It is further submitted that in para 27 of the case diary there is statement of nephew of the deceased, wherein, he has stated that the deceased died natural death and information was given to the informant. It has further been submitted that independent witness in para 22 of the case diary has stated that deceased died natural death due to illness.
Patna High Court Cr.Misc. No.56325 of 2017 (3) dt.22-12-2017 2/3 From the written report, it appears that the informant has levelled allegation that her father was taken by this petitioner to his house for executing sale deed and thereafter he was done to death.
As such, mere vague allegation has been made. 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 Kargahar (Barhari OP) P.S. Case No.238 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rohtas, Sasaram, 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
Patna High Court Cr.Misc. No.56325 of 2017 (3) dt.22-12-2017 3/3 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