Buchchi Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31504 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Buchchi Yadav, Son of Parmeshwar Yadav,

2. Bimala Devi @ Vimala Devi, W/o Rajo Yadav,

3. Khushboo Kumari @ Khushboo Devi, D/o Anuj Yadav, all resident of village- Kelwari, Police Station- Bithan, District- Samatipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-07-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Bithan P.S. Case No.119 of 2015 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 379 and 427 Indian Penal Code. It has been submitted on behalf of the petitioners that there is no allegation of any specific overt act against the petitioners. It has further been submitted that co-accused with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court by order dated 01.07.2017 passed in Cr. Misc. No.29400 of 2017.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.31504 of 2017 (2) dt.17-07-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bithan P.S. Case No.119 of 2015, 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 the Judicial Magistrate, 1st class, Rosera, Samastipur, 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 tampers 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) JA/- U T