Aasha Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46902 of 2017 Arising Out of PS.Case No. -2169 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Asha Giri, S/o Late Kapildeo Giri, resident of Village Nakdiha, P.S. Baniyapur, Distt.- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 2169 of 2016 instituted for the offence under Sections 120(B), 420, 467, 468 and 471 of the Indian Penal Code. It has been submitted on behalf of the petitioner that partition suit is pending between the parties. The matter is purely civil dispute.

As per written report, there is allegation against the petitioner and other accused persons that they sold ancestral house of the complainant in which the complainant was residing. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.46902 of 2017 (2) dt.11-10-2017 2/2 weeks from today, in connection with Complaint Case No. 2169 of 2016, Trial No. 1301 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, 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) petitioner 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 petitioner and (3) if petitioner 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 petitioner.

(Sanjay Priya, J) S.Ali/- U T