Deepak Kumar Sahani @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43007 of 2018 ======================================================

1. Deepak Kumar Sahani @ Deepak Kumar S/o Dina Nath Sahani, R/o Vill.- Harpur, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Gopalganj Town P.S. Case No. 24/2018, instituted for the offence punishable under Section 364 of the Indian Penal Code.

In the written report, it is alleged that this petitioner had called the son of informant by telephone and he went to the house of this petitioner. When he did not return till 10 P.M., the informant started searching and went to the house of this petitioner and saw his son was available there. It is alleged that at 11 P.M., the informant got information that his son is lying on the road in injured condition.

Case diary has been received in this case.

Learned Additional P.P. has stated that statement of victim boy has been recorded in para 35 of the case diary wherein

Patna High Court Cr.Misc. No.43007 of 2018 (3) dt.09-08-2018 2/2 he has stated that he has sustained injury due to accident by motorcycle.

Considering the facts and circumstances of the case, the 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 Gopalganj Town P.S. Case No. 24/2018, 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 Chief Judicial Magistrate, Gopalganj, 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.)