Dilip Singh @ Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17814 of 2018 Arising Out of PS. Case No.-179 Year-2017 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Dilip Singh @ Dilip Kumar Singh Son of late Bal Kishore Singh Resident of Village- Jamra, P.S. Barauni(Refinary OP), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Barauni Rail P.S. case no. 179 of 2017 instituted for the offence under Section(s) 387, 504/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner has clean antecedents. In the F.I.R. the date of occurrence is said to be 27.9.2017 but the F.I.R. was lodged on 28.09.2017 at 5 P.M. after lapse of 24 hours whereas the distance of the police station from the place of occurrence is merely 150 meter.

Patna High Court Cr.Misc. No.17814 of 2018(2) dt.05-04-2018 2/3 In the written report, there is allegation that this petitioner gave threat to the informant to sell half diesel of tank -Lory in the way but when the informant did not agree to the proposal then petitioner gave threat on mobile phone to murder his whole family members.

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 Barauni Rail P.S. case no. 179 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 the learned Additional Chief Judicial Magistrate, Rail Barauni,Dist.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

Patna High Court Cr.Misc. No.17814 of 2018(2) dt.05-04-2018 3/3 to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T