Dinesh Singh @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51425 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -MALI District- AURANGABAD ====================================================== Dinesh Singh @ Dinesh Kumar S/o Rajendra Singh, R/o Village- Rajpur, P.S.- Mali, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mrs. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mali P.S. Case No. 57/2017 instituted for the offence under Sections 341, 323, 354, 307, 379 and 504 of the Indian Penal Code. Counsel for the petitioner submits that instant case has been filed on account of incident which took place on the date of occurrence in which due to assault by the members of the informant the petitioner sustained serious injuries on her head as mentioned in para 10 of the bail petition. It is further submitted that petitioner is the uncle of the informant. There is general and omnibus allegation that informant scattered the fire-wood of the informant and assaulted her with Kudal, but there is no injury report available on the record which will also appear from the

Patna High Court Cr.Misc. No.51425 of 2017 (3) dt.08-11-2017 2/2 order of the learned Sessions Judge, Aurangabad. 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 Mali P.S. Case No. 57/2017, they shall be enlarged 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 learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 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 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 tamper 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) Vinita/- U T