Ashok Yadav And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14987 of 2017 Arising Out of PS.Case No. -400 Year- 2016 Thana -BIHTA District- PATNA ======================================================
1. Ashok Yadav, Son of Late Ram Sighasan Rai,
2. Dharmshila Devi, Wife of Ashok Yadav, Both resident of VillageMusepur, P.S.- Bihta, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shobha Devi, W/o Ratnesh Yadav, D/o Lal Babu Yadav, resident of Village- Musepur, P.S.- Bihta, District- Patna. at present residing at VillagePali, P.O.- Paroo, P.S.- Bihta, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in Bihta P.S. Case No. 400 of 2016 instituted for the offence under Sections-498A, 323, 341 of the Indian Penal Code.
It is submitted that petitioners are father in law and mother in law of the informant. From the written report itself, it appears that general and omnibus allegation has been levelled against the petitioners. It is submitted that other co-accused namely, Gudiya Devi, Madhuri Kumari and Amit Kumar have been granted privilege of anticipatory bail by a coordinate bench of this court vide order dated 30-03-2017 passed in Cr. Misc. No.
Patna High Court Cr.Misc. No.14987 of 2017 (2) dt.11-04-2017 2/2 13683 of 2017.
Considering the above facts and circumstances, this anticipatory bail petition is allowed and the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of the copy of order in the court below, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bihta P.S. Case No. 400 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Danapur, Patna subject to conditions 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