Pawan Kumar Jayaswal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16585 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================
1. Pawan Kumar Jayaswal ,
2. Vikky Jayaswal @ Vikky Kumar,
3. Krishna Jayaswal,
4. Prahlad Jayaswal, All Sons of Late Rameshwar Jayaswal, All Resident of Village- Karari Tintanga, P.S.- Gopalpur, District- Bhagalpur, .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikramdeo Singh, Advocate For the Informant : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 23 of 2017 registered for the offences punishable under Sections 341, 323, 498A, 504, 506 and 494/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that though the case is under Section 498A and other sections of the IPC but all the petitioners are brothers of the second wife and, admittedly, in this case first marriage was solemnized 30 years ago and second marriage was solemnized 20 years ago and no specific allegation has been attributed against these petitioners. Heard learned APP and learned counsel for the informant.
Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail stating that the petitioners are instrumental in not allowing the informant to live along with her husband.
Patna High Court Cr.Misc. No.16585 of 2017 (2) dt.10-04-2017 2/2 Having heard both sides and considering the general and omnibus allegation against the petitioners, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Beldaur P.S. Case No.
23 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall not interfere with the family affairs of the husband of the informant and shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence.
(Vinod Kumar Sinha, J) spal/- U