Parmeshwar Das And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9149 of 2015 Arising Out of Complaint Case No. -1211 Year- 2011 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Parmeshwar Das S/o Uttam Das

2. Dilip Das S/o Parmeshwar Das Both are Residents of Village Nawadih, P.S. Chakai, District Jamui.

.... .... Petitioners

Versus

1. The State of Bihar

2. Dhaniya Devi W/o Chetan Das, Resident of village- Nawadih (Chakai), P.O. Chakai, P.S.- Chakai, District- Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kartik Kumar Sinha, Adv. For the Opposite Party/s : Mr. D.P.Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Complaint Case No. 1211C of 2011, disclosing offences under Sections 323, 448, 354 and 376 of the Indian Penal Code. It appears from the order of this Court dated 08.07.2015 that the opposite party no. 2 refused to receive notice of the present anticipatory bail application issued in the light of this Court's order dated 10.03.2015.

Considering the submission made on behalf of the petitioners that the prosecution story is unbelievable and a

Patna High Court Cr.Misc. No.9149 of 2015 (4) dt.12-08-2015 2/2 countermove to earlier case instituted by the wife of co-accused Bishundeo Das, I am inclined to grant the privilege of anticipatory bail to the petitioners.

Accordingly, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui in connection with Complaint Case No. 1211C of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T