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Patna High CourtCR. MISC./14517/2017bail granted

Guddi @ Guddi Kumari @ Kiran Kumari @ Premshila And ANR v. The State Of Bihar

2017-03-30Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14517 of 2017 Arising Out of PS.Case No. -241 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Guddi @ Guddi Kumari @ Kiran Kumari @ Premshila Wife of Pintu Kumar, Resident of Village-Benar, P.s. Sare, District-Nalanda.

2. Kundesh Kumar @ Karu, Son of Tunni Prasad Resident of VillagePaingri, P.S. Warsaliganj, District-Nawadah. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Warsaliganj P.S. Case No. 241/2015 instituted for the offence under sections 302/201/34 of the Indian Penal Code.

It is alleged that the son of the informant, Himanshu went out from the house to play and did not return. In the morning, the informant got information that dead body of his son was lying in the drain situated in front of the house of Kesho Prasad. It is alleged that dispute is going on between the informant and the family of Vijay Prasad and Vijay Prasad gave threat of dire consequences.

Patna High Court Cr.Misc. No.14517 of 2017 (2) dt.30-03-2017 2/3 The petitioners are not named in the written report. From the impugned order of Sessions Judge, it appears that name of these petitioners has subsequently been disclosed by the informant in para-42 of the case diary wherein he has changed the statement and stated about complicity of the petitioner and other accused persons.

These petitioners are cousin brother and sister of the informant.

It is mentioned in para-3 that the petitioners have no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Warsaliganj P.S. Case No. 241/15, they 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 learned A.C.J.M.-II, Nawadah, 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 absence on

Patna High Court Cr.Misc. No.14517 of 2017 (2) dt.30-03-2017 3/3 two consecutive dates without proper and reasonable reasons, 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) Ravi/- U T