Yamuna Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48431 of 2015 Arising Out of PS.Case No. -1471 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Yamuna Mahto, S/o Late Deni Mahto,

2. Sheonandan Prasad, S/o Late Fariher Prasad,

3. Asgar Ali, S/o Late Gafoor Mian,

4. Mahajan Nonia, S/o Late Nathuni Nonia, all are resident of villageMachhagar Lachhiram, P.S.- Hathua, District- Gopalganj,

5. Most. Kalawati Kunwar, wife of Late Rahila Mahto, resident of villageBarhara, P.S.- Gopalpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mahabir Nonia, son of Late Bangali Nonia, resident of villageMachhagar Lachhiram, P.S.- Hathua, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 16-10-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 420, 120-B/34 Indian Penal Code.

Considering the nature of allegation and fair antecedents of the Petitioners, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No.1471 of 2013/Tr. No.2579 of 2015, they shall be released on anticipatory bail on furnishing

Patna High Court Cr.Misc. No.48431 of 2015 (2) dt.16-10-2015 2/2 bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Judicial Magistrate, 1st class, Gopalganj, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioners, (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T