Somani Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16925 of 2017 Arising Out of PS.Case No. -249 Year- 2013 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Somani Devi, w/o Mohan Yadav
2. Debo Thakur, s/o Late Jay Narayan Thakur
3. Bauku Paswan, s/o Late Kamal Paswan
4. Dinesh Yadav
5. Subhash Yadav Both sons of Dhyani Yadav All residents of village - Fulkaha, P.S. - Gamhaira, District - Madhepura. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Gamharia P.S. Case No. 249 of 2013 corresponding to G.R. Case No. 2922 of 2013 instituted for the offence under Sections 341, 323, 308 and 504 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that after investigation, police submitted charge sheet against Mohan Yadav showing these petitioners innocent.
The court below has taken cognizance against these petitioners also.
From the written report it appears that there is general and omnibus allegation against the petitioners.
Patna High Court Cr.Misc. No.16925 of 2017 (2) dt.11-05-2017 2/2 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 Gamharia P.S. Case No. 249 of 2013, 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 learned Additional Chief Judicial MagistrateIV, Madhepura, 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 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) S.Ali/- U T