Suraj Kumar @ Suraj Kumar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23464 of 2018 Arising Out of PS.Case No. -2022 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Suraj Kumar @ Suraj Kumar Singh, S/o Late Shankar Prasad Singh,
2. Anjali Devi, W/o Late Shankar Prasad Singh @ Shankar Prasad , Both of Vill.- Sahiyar Dih, P.S.- Rosera, Distt.- Samastipur.
3. Bipin Kumar Singh @ Bipin Singh, S/o Late Sidheshwar Singh, Night Guard at Agriculture Office, Samastipur, P.S.- Samastipur, DistrictSamastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Banarsi Prasad, S/o Late Taleshwar Singh, R/o Vill.- Shekhpura, P.S.- Rampur Chauram, Distt.- Arwal, presently residing at Manvi Lane, Chankya Vihar Colony, New Brahmapur, P.S.- Ramkrishna Nagar, Distt.- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party/s : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Complaint Case No. 2022 C of 2017 instituted for the offence under Sections 341, 324, 504, 379 and 406 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is no document in support of the allegation that money was taken by the petitioners from the complainant. It has further been submitted that petitioner No. 2 who is widow has got
Patna High Court Cr.Misc. No.23464 of 2018 (2) dt.20-04-2018 2/3 compassionate appointment after death of her husband who was Police Officer posted at Samastipur. Finding the petitioner No. 2 is widow and living alone, the Opposite Party No. 2 tried to take undue advantage and started visiting her house frequently, for which, the petitioner No. 2 filed informatory petition before the leaned Chief Judicial vide Informatory petition No. 399 of 2017. Thereafter, the instant case has been filed.
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 Complaint Case No. 2022 (C) of 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 learned Additional Chief Judicial Magistrate-16, Patna, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners
Patna High Court Cr.Misc. No.23464 of 2018 (2) dt.20-04-2018 3/3 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