Shyama Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8391 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Shyama Devi, W/o Sahdeo Mandal , R/o Village- Mungroura, P.S.- East Colony, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Rail Bhagalpur P.S. Case No. 84 of 2017, instituted for the offence under Sections 324,307,120(B) of the IPC and Section 27 of the Arms Act. Counsel for the petitioner has submitted that he is not named in the FIR. His name has come during investigation on the basis of confessional statement of co-accused Rinki Devi. Now, she has been released on bail. Learned counsel for the petitioner has submitted that one of the co-accused Mahindra Saw@ Mahendra Prasad has already been granted anticipatory bail by this Court vide order dated 12.10.2017 passed in Cr. Misc. No. 45790 of 2017.
Learned counsel for the informant opposed the prayer for
Patna High Court Cr.Misc. No.8391 of 2018(3) dt.22-03-2018 2/2 anticipatory bail.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rail Bhagalpur P.S. Case No. 84 of 2017, to the satisfaction of the learned Additional Chief Judicial Magistrate, Rail Bhagalpur, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.