Patna High Court - Orders
Allah Rai @ Raju Kumar @ Raj Kumar vs The State Of Bihar on 1 December, 2011
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14137 of 2011
Allah Rai @ Raju Kumar @ Raj Kumar, Son of
Sakaldev Mistri, R/o Gulmahia Chak, P.S. Didarganj,
District Patna.
-------Petitioner
Versus
The State Of Bihar
-----Opposite Party
-----------------
03/- 01/12/2011 Heard Mr. Nityanand Kumar learned counsel for the petitioner and Mr. Damodar Pd. Tiwary learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph - 65 dated 20/05/2011.
The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code, is one of the named accused in this case of assault.
Submission is that there is counter version also by way of Didarganj P.S. Case No. 98 of 2010 and both the sides have already resolved their disputes and accordingly, petitions for compromise have been filed, pending disposal. Further, other similarly situated co-accused have already been granted the privilege by different orders of this Court including order dated 07/03/2011 passed in Cr. Misc. No. 5572/2011 and composite order dated 21/04/2011 passed in Cr. Misc. Nos. 10604/2011 & 10730/2011.
Considering the facts and circumstances of the case, in the event of informant appearing before the court below, on due identification accepting factum of compromise with his free will and consent without any coercion and also stood as one of the bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in connection with Didarganj P.S. Case No. 101 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
( Akhilesh Chandra, J.) Praveen/-