Dheeraj Kumar @ Deeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41222 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Dheeraj Kumar @ Deeraj Kumar, Son of Upendra Singh, Resident of Village- Shine, Ramrai Tola, P.S. Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Ms. Anita Kumari, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kanti P.S. Case No. 163 of 2018 instituted for the offence under Sections 302/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner has clean antecedent. He further submits that as per First Information Report, place of occurrence is maize field. It is alleged that mother of the informant got electrocuted, but in the inquest report, the dead body was recovered from the house of the informant. The inquest report does support the case of prosecution. Police also verified the place of occurrence as alleged in the First Information Report, but during course of investigation of the place of occurrence, no electric wire was found there.

Patna High Court Cr.Misc. No.41222 of 2018 (2) dt.17-07-2018 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 Kanti P.S. Case No. 163 of 2018, 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 Sub Divisional Judicial Magistrate, West, Muzaffarpur, 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.