Raj Kumari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40916 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Raj Kumari Devi, wife of Jaijai Ram Yadav,
2. Lalu Yadav, son of Baleshwar Yadav,
3. Abish Yadav, son of Lalu Yadav,
4. Dropadi Yadav, wife of Lalu Yadav, All residents of Village- Bahloriya, Police Station- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Sahebpur Kamal P.S. Case No. 117/2017 instituted for the offences under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. It has been submitted that petitioners had also lodged complaint case against the informant and her family members prior to lodging of the present case vide Complaint Case Nos. 1126/2015 and 679/2015. In the instant case, there is general and omnibus allegation that the petitioners assaulted the informant and other family members. No injury report has been brought on record. Also from the order of the learned Sessions Judge, it appears that there is
Patna High Court Cr.Misc. No.40916 of 2017 (2) dt.04-09-2017 2/2 no injury report brought on record in the aforesaid case. Considering the facts and circumstances of the case, the 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 Sahebpur Kamal P.S. Case No. 117/2017, 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 learned Additional Chief Judicial Magistrate V, Begusarai, subject to the conditions as laid down under Section 438(2) of the 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.) Rakhi U T