Sulekha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53232 of 2017 Arising Out of PS.Case No. -218 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ======================================================
1. Sulekha Devi, W/o Purushotam Pandit,
2. Sajhiya Devi W/o Sadanand Pandit,
3. Kabutari Devi W/o Upendra Yadav,
4. Punam Devi W/o Anil Yadav,
5. Leela Devi W/o Krishna Deo Pandit,
6. Krishna Deo Pandit, Son of Late Ayodhi Pandit,
7. Ramdeo Pandit, Son of Late Ayodhi Pandit,
8. Narottam Pandit @ Sadanand Pandit, Son of Krishna Deo Pandit,
9. Purushotam Pandit Son of Krishna Deo Pandit,
10. Shashi Bhusan Pandit, Son of Ramdeo Pandit,
11. Pappu Pandit Son of Ramdeo Pandit,
12. Upendra Yadav Son of Late Ayodhi Yadav,
13. Anil Yadav, Son of Upendra Yadav, All are R/o Village- Barahkurwa, Tola, Sikiyahi, P.S.- Triveniganj, District- Supaul. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3 16-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in Triveniganj P.S. Case No.218of 2017 for the offences under Sections 341, 323, 379, 504/34 of the I.P.C. and Section 3⁄4 of Dayan Act.
Counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.53232 of 2017 (3) dt.16-11-2017 2/3 both the petitioners and the informant are agnates. There is admitted land dispute between the parties. Earlier also son of the informant of this case, namely, Jhari Lal Yadav lodged a case bearing Triveniganj P.S. Case No.116/17 against these petitioners leveling almost similar allegation in which accused persons have already been granted bail by learned court below itself. It is further submitted that petitioner no.12 has also lodged a counter case bearing Triveniganj P.S. Case No.124/17 against the informant and his family members. There is general and omnibus allegation against the petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.-1st., Supaul, in Triveniganj P.S. Case No.218/17 subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with further conditions: (1) bailors should be
Patna High Court Cr.Misc. No.53232 of 2017 (3) dt.16-11-2017 3/3 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.
AnilKrSinha/- (Sanjay Priya, J) U T