Jitendra Ram @ Nawlesh Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15442 of 2018 Arising Out of PS. Case No.-43 Year-2017 Thana- MAHILA P.S District- West Champaran ======================================================
1. Jitendra Ram @ Nawlesh Ram, S/o late Prasidh Ram, R/o Village- Gaunaha, P.S.- Gaunaha, Distt.- West Champaran.
2. Mana Ram @ Mana Raut S/o Mangani Ram @ Mangani Raut, R/o Village- Dharampur, P.S.- Shikarpur, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioners apprehend their arrest in Mahila P.S. case no. 43/2017 instituted for the offence under Section(s) 341,342, 323, 452, 354, 354B,504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that during the pendency of the application, petitioner no.1, namely Jitendra Ram @ Nawlesh Ram has been arrested. Accordingly, the application with respect to petitioner no.1 is dismissed as having become infructuous. Learned counsel for the petitioner submits that petitioner no.2 is the step son-in-law of the informant. The father of the
Patna High Court Cr.Misc. No.15442 of 2018(2) dt.12-04-2018 2/3 petitioner no.1 was posted as Peon in the State Bank of India Branch, Ramnagar and he died in the year 2018. The informant started claiming share in his retiral benefits claiming herself to be the second wife after the death of the father of the petitioner no.1. Therefore, this instant case has been filed. In the written report there is no any specific allegation against petitioner No.2 rather there is general and omnibus allegation.
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 no.2, named above, within six weeks from today in connection with Mahila P.S. case no. 43/2017, 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 A.C.J.M, Bagha, West Champaran, 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
Patna High Court Cr.Misc. No.15442 of 2018(2) dt.12-04-2018 3/3 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 to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shyambihari/- U T