Awadhesh Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41213 of 2018 Arising Out of PS.Case No. -30136 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Awadhesh Kumar, son of Sri Naresh Rai,
2. Smt. Sarita Devi, wife of Sri Awadhesh Kumar, both are resident of Village- Sirpatpur, P.S.- Gopalpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Malti Devi, wife of Sri Subhash Rai, resident of village- Sirpatpur, P.S.- Gopalpur, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. U. K. Mishra, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Complaint Case No.30136 of 2014 instituted for the offence under Section(s) 504, 354 Indian Penal Code.
Counsel for the petitioners submits that petitioners are brother-in-law (Dewar) and sister-in-law (Dewarani) of the Complainant. Instant case has been lodged by the Complainant on account of property dispute. Cognizance has been taken by the Magistrate for the offence under Section(s)504, 354 Indian Penal Code.
General and omnibus allegation has been made in
Patna High Court Cr.Misc. No.41213 of 2018 (2) dt.13-07-2018 2/2 the Complaint Petition.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint Case No.30136 of 2014, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Patna, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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.