Brahmdeo Poddar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21236 of 2018 Arising Out of P.S.Case No. -1874 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================
1. Brahmdeo Poddar, Son of Late Kusheshwar Poddar.
2. Sudhir Poddar @ Sudhir Kumar Poddar, Son of Brahmdeo Poddar.
3. Sushil Poddar @ Sushil Kumar Podddar @ Sonu Poddar, Son of Brahamdeo Poddar, All resident of Village- Partapur, P.S.- Kalyanpur, District- Samastipur.
.... .... Petitioners
Versus
1. The State of Bihar
2. Jyoti Devi, W/o Pramod Poddar, Resident of Paratapur, P.S.- Kalyanpur, Dist.- Samastipur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.
The petitioners apprehend arrest in connection with Complaint Case No.1874 of 2016 registered for an offence under Sections 323, 392 and 354(B) of the IPC.
It has been submitted that the allegation of snatching money and Mangal Sutra is omnibus. The petitioner no.1 is father of petitioner nos.2 and 3 and a land dispute is going on between the parties. The petitioner no.1 has filed a Partition Suit No.50 of 1998 against the husband of the complainant. Earlier to this case, the husband of the complainant has lodged the case against the petitioners in which the petitioners have been acquitted. The allegation of snatching money and Mangalsutra appears omnibus. The petitioners have clean antecedent.
Patna High Court Cr.Misc. No.21236 of 2018 (2) dt.03-05-2018 2/2 The learned APP opposed the submissions.
Considering the land dispute between the parties facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today 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 Judicial Magistrate, Ist Class, Samastipur in connection with Complaint Case No.1874 of 2016/Trial No.3039 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T