Sani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38298 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- RISHIUP District- Aurangabad ====================================================== Sani Kumar, S/o Suresh Yadav, R/o Vill.- Risiup, P.S.- Risiup, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Risiup P.S. Case No. 10 of 2018 instituted for the offence under Sections 379,308,341,323,324,504,506,34 of the IPC.

Learned counsel for the petitioner submits that for the same occurrence mother of the petitioner has lodged case vide Risiup P.S. Case No. 11 of 2018 against informant and his family members. In the instant case, allegation against petitioner is that he along with co-accused assaulted with fist and slaps to the wife of informant and co-accused Suresh Yadav assaulted her with "sabal" on her head.

Injury report has been enclosed as Annexure-3, which shows that informant and his wife have sustained injuries. The injuries were found to be simple in nature. The injury no. 2 on the wife of informant is on forearm, for which opinion has been

Patna High Court Cr.Misc. No.38298 of 2018(2) dt.03-07-2018 2/2 kept reserved.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Risiup P.S. Case No. 10 of 2018 to the satisfaction of learned Additional Chief Judicial MagistrateVIII, Aurangabad, subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.