Deepak Mahton @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45677 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Deepak Mahton @ Deepak Kumar S/o Sunder Mahton @ Ram Sundar Verma resident of Village - Hemanpur, P.S. - Bakhri, District : Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bakhri P.S. Case No. 115 of 2016 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is brother of wife of deceased. Mere suspicion has been raised against him in the written report.

The wife of the deceased has already been granted anticipatory bail by this Court vide order dated 23.06.2017 passed in Cr. Misc. 16064 of 2017.

Case diary has been received.

Learned A.P.P. has submitted that mere suspicion has been raised against this petitioner in the case diary.

Patna High Court Cr.Misc. No.45677 of 2017 (3) dt.03-11-2017 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 Bakhri P.S. Case No. 115 of 2016, 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 Sri Balendra Shukla, learned Judicial Magistrate, 1st Class, Begusarai, 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) S.