Naresh Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48297 of 2018 Arising Out of PS. Case No.-681 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== Naresh Mishra Son of late Sukh Dev Mishra Resident of Ramdih (Chitauni), P.S. Sikandra, District- Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Gulab Devi Wife of Umesh Mishra Resident of Chitauni, P.S. Sikandra, District- Jamui.

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

For the Petitioner/s :

Mr. Kamal Kishore Jha For the Opposite Party/s :

Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in complaint case no. 681 C of 2018 instituted for the offence under Section(s) 323, 379, 354B and 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that both the parties are agnate. The petitioner and complainant's husband are full brothers and residing in the same house. There is land dispute between them.

It is mentioned in para 3 of the bail petition that petitioner has got clean antecedent.

In the instant case, there is general and omnibus allegation that the complainant was abused by this petitioner

Patna High Court Cr.Misc. No.48297 of 2018(2) dt.23-08-2018 2/2 and he also snatched golden chain from possession of the complainant.

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 Complaint case no. 681 C 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 the J.M. 1st Class, Jamui, 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 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T