Brajesh Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1157 of 2015 Arising Out of PS.Case No. -2156 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Brajesh Kumar Son of Mohan Yadav

2. Lal Muni Devi D/O Mohan Yadav Both residents of Purnea Court,Station Road,P.S-K.Hat, District-Purnea

3. Arvind Yadav @ Suman Yadav Son of Mohichand Yadav Resident of Mohalla-Gandhi Nagar,P.S-K.Hat,District-Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Anup Kumar Sharma Son of Kalyan Kumar Sharan Both are residents of Purnea Court,Station Road,P.S-K.Hat, District-Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 326B/34, 504, 506 and 427/34 of the Indian Penal Code.

Considering that the Petitioner No.2 is a lady, without going into the veracity of the allegations, let the petitioner No.2 above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with C.A. case No.2156 of 2014 on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.1157 of 2015 (2) dt.16-01-2015 2/3 satisfaction of Sri S. Gandhi, J.M., 1st class, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is she shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

As for Petitioners No.

Patna High Court Cr.Misc. No.1157 of 2015 (2) dt.16-01-2015 3/3 privilege of anticipatory bail to the petitioners No.1 and 3. Their Prayer for anticipatory bail is rejected with a direction to surrender before the court below and make a prayer for regular bail.

(Anjana Prakash, J) Narendra/- U T