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Patna High CourtCR. MISC./36044/2018bail granted

Dilip Kumar @ Dilip Ray v. The State Of Bihar

2018-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36044 of 2018 Arising Out of PS.Case No. -546 Year- 2017 Thana -SONEPUR District- SARAN ======================================================

1. Dilip Kumar @ Dilip Ray Son of Mahesh Rai Resident of VillageGangajal, Police station- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sonepur P.S.Case no.546 of 2017 , registered for offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

Allegation against the petitioner is that some amount of the informant was due to the petitioner and when he went to demand the same, he has been assaulted on the order of the father of the petitioner at the neck and chest by knife.

Submission of the learned counsel for the petitioner is that the injuries are simple in nature, which will appear from Annexure-2 and 2/1 and no case is made out under Section 307 of the IPC.

Patna High Court Cr.Misc. No.36044 of 2018 (3) dt.23-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Chapra in connection with Sonepur P.S.Case No.546 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T