Chandeshwari Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46924 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -JAMHORE District- AURANGABAD ======================================================

1. Chandeshwari Devi, Wife of Shankar Choudhary.

2. Binay Choudhary, Son of Bindeshwari Choudhary.

3. Deo Narayan Choudhary, Son of Mangar Choudhary.

4. Vijay Choudhary, Son of Pukar Choudhary, All Resident of VillageTeliya Bigaha (Koshdihra Tola), P.S.- Jamhore, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the State : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jamhore P.S. Case No. 57 of 2017 instituted for the offence under Section-379 & other minor Sections of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is specific allegation against Shankar Choudhary and Bindeshwari Choudhary of assaulting the informant. They are not petitioners in this bail application. There is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their 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

Patna High Court Cr.Misc. No.46924 of 2017 (2) dt.11-10-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jamhore P.S. Case No. 57 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T