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Patna High CourtCR. MISC./51617/2017bail granted

Ajay Rai v. The State Of Bihar

2018-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51617 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Ajay Rai, S/o Lakhan Rai, r/o village- Kansara, Kharanti O.P. P.S.-Raja Pakar, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate. For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Raja Pakar (Baranti O.P.) P.S. Case No. 111 of 2017 instituted for the offence under Sections 447, 341, 323, 504, 379, 354 and 436/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that coaccused Sanjay Rai with similar allegation has already been granted anticipatory bail by this Court vide order dated 14.11.2017 passed in Cr. Misc. 54423 of 2017.

Learned counsel for the opposite party No. 2 has appeared and submitted that there is specific allegation against the petitioner of tearing the blouse of the wife of the informant and sprinkling k.oil in his house.

Case diary has been received.

Patna High Court Cr.Misc. No.51617 of 2017 (3) dt.30-01-2018 2/2 It is mentioned in paragraph-6 of the case diary that police did not find any burn articles from the place of occurrence. 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 Raja Pakar (Baranti O.P.) P.S. Case No. 111 of 2017, 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 Additional Chief Judicial Magistrate-VIII, Vaishali at Hajipur, 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 their 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.Ali/- U T