Ram Pukar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.178 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================
1. Ram Pukar Singh son of Late Ram Gahan Singh
2. Raj Kumar Singh son of Ram Pukar Singh Both are residents of Village - Khurmabad, P.S. - Chenari, District - Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2018 Heard the learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Chenari PS case no. 209 of 2017 registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504/34 of Indian Penal Code.
The allegation of the prosecution is that the accused persons had engaged in assaulting the father of the informant resulting in injuries to him.
The learned counsel for the petitioners submits that as far as the case diary is concerned, no injury report is on the record, however before the trial court, medical prescription of the
Patna High Court Cr.Misc. No.178 of 2018 (3) dt.13-02-2018 2/3 hospital at Varanasi was produced which also does not show that the father of the informant has suffered grievous injury. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.
Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Sasaram (Rohtas) in connection with Chenari PS case no. 209 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
It is further directed that the petitioners shall join investigation and would be present at the place where the investigating agency directs the petitioners to be present. It is clarified that if the prosecution finds that the petitioners are not cooperating in investigation then it would be free to move this Court for cancellation of the bail.
Patna High Court Cr.Misc. No.178 of 2018 (3) dt.13-02-2018 3/3 of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically. (Mohit Kumar Shah, J) rinkee/- U