Gopal Mali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51941 of 2014 Arising Out of PS.Case No. -66 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ======================================================
1. Gopal Mali son of Late Suresh Mali
2. Sadhu Mali son of Late Suresh Mali
3. Girdhari Mali son of raj Kishore Mali
4. Amar Nath Mali son of Late Sadhu Mali
5. Jayanti Devi @ Jaymani Devi wife of Gopal Mali @ Gopal Malakar All residents of Mohalla - Khemni Chak, Kanhai Nagar, P.S. - Ram Krishna Nagar, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Gupta For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.
The prosecution case is that the informant's son Sonu Kumar went to take tuition on 21.4.2014 and thereafter he went traceless. It is alleged that these petitioners being on litigating terms from before, threatened the informant one day prior to the occurrence.
It is submitted by the learned counsel for the petitioners that the petitioners' side have filed Ramkrishna Nagar P.S. Case
No. 61 of 2014 on 18.4.2014 under sections 341,323,504 and 354 IPC against the informant's side, thereafter the present case was registered on 22.4.2014 and only on suspicion due to litigated relationship the petitioners have been roped in the present case. Learned APP for the State, after going through the case diary, submits that only on suspicion the accusation has been levelled as no direct material has been collected against the petitioners. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Patna in connection with Ram Krishna Nagar P.S. Case No. 66 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioners before the learned court below that they will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioners
will give liberty to prosecution to file application for cancellation of bail bond by learned court below.
(Dinesh Kumar Singh, J) Anil/- U T