Matuk Kumar @ Matuk Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33945 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Matuk Kumar @ Matuk Rai, Son of Late Chandeshwar Yadav,

2. Munni Prasad, Son of Late Mange yadav,

3. Ganauri Rai, Son of Late Mange Yadav,

4. Ramjee Prasad, Son of Late Jagdeo Prasad,

5. Rajesh Kumar, Son of Munni Prasad All R/o Village/Mohalla-Chapanna, P.S.- Ghoshi , District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ghoshi P.S. Case No. 142 of 2016 instituted for the offence under Sections 147, 148, 149, 307, 324 and 323 of the Indian Penal Code. It is alleged in the written report that the petitioners and other accused persons assaulted the informant and his other family members with lathi and Farsa.

The injury report of two injured namely, Pramila Devi and Rinki Devi have been enclosed as Annexure-2 wherein the Doctor has found simple injury on the person of Pramila Devi and the opinion with regard to injury of Rinki Devi is kept reserved. In the written report there is general and omnibus

Patna High Court Cr.Misc. No.33945 of 2017 (3) dt.21-08-2017 2/2 allegation against these petitioners.

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 Ghoshi P.S. Case No. 142 of 2016, 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 Chief Judicial Magistrate, Jehanabad, 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