Ravi Kishan @ Ravi Kishan Kumar @ Sonu And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31989 of 2017 Arising Out of PS.Case No. -509 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ravi Kishan @ Ravi Kishan Kumar @ Sonu,
2. Madhuri Devi @ Madhuri Sharma W/o Umesh Shamrma,
3. Shikha Kumari D/o Umesh Sharma,
4. Shivani Kumari D/o Umesh Sharma, All Resident of Janpul Chowk, P.S.- Banjariya, Distt. East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Kumari W/o Abhishek Kumar D/o Gajendra Shukla, Residing at Village- Pataura Tola Mathia, P.S.- Motihari Muffasil, District- East Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in connection with Turkaulia (Banjariya) P.S. Case No. 509 of 2016 instituted for the offence under Sections 498-A, 406, 307 of the Indian Penal Code and Section 3 & 4 of the D.P. Act.
It has been submitted that petitioners are younger brother-in-law, mother-in-law and un-married sister-in-law of O.P. No. 2. It has further been submitted that husband has already been granted anticipatory bail from the learned court below on the basis of statement made by the informant that she is living happily with
Patna High Court Cr.Misc. No.31989 of 2017 (3) dt.21-07-2017 2/3 her husband and she made an endorsement of this effect in the margin of the order-sheet and her father has also made such endorsement in the court below. Informant has filed this case against the petitioners on account of property dispute in collusion with her husband.
Learned counsel for O.P. No. 2 has opposes the prayer of anticipatory bail.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Turkaulia (Banjariya) P.S. Case No. 509 of 2016 to the satisfaction of learned C.J.M., Motihari, East Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions (i) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (ii) petitioners shall co-operate 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 (iii) if
Patna High Court Cr.Misc. No.31989 of 2017 (3) dt.21-07-2017 3/3 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) sushma/- U T