Shobha Kumari @ Shobha Devi @ Sumitra Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41223 of 2017 Arising Out of PS.Case No. -13 Year- 2013 Thana -AMBA District- AURANGABAD ======================================================

1. SHOBHA KUMARI @ SHOBHA DEVI @ SUMITRA KUMARI, W/o Daya Pandey,

2. Daya Pandey, S/o Dudheshwar Pandey, both resident of village- Pandey Bigha, P.S.- Amba, District- Aurangabad,

3. Indra Jeet Singh @ Indrajeet Kumar, S/o Lakhan Singh, resident of village- Gobeya, P.S.- Pratap Pur, District- Chatra, Jharkhand at present resident of village- Jaipur, P.S.- Imamganj, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-01-2018 Prayer of the petitioner nos.1 and 3 for grant of anticipatory bail has already been allowed by a co-ordinate bench of this Court by order dated 06.10.2017.

Heard learned counsel for the petitioner no.2 and learned APP for the State.

Petitioner no.2 apprehends his arrest in Amba P.S. Case No.13 of 2013 instituted for the offence under Section(s) 323, 324, 307 Indian Penal Code.

As per written report, petitioner no.2, who is own brother of the informant, is alleged to cause injury on the head of the informant with sword.

Case diary has been received, wherein, injury report

Patna High Court Cr.Misc. No.41223 of 2017 (3) dt.02-01-2018 2/2 of the informant is mentioned. The doctor has found simple injury on the person of the informant caused by hard and blunt substance.

In the facts and circumstances of the case, prayer of the petitioner no.2 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner no.2, named above, within six weeks from today in connection with Amba P.S. Case No.13 of 2013, 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 the Chief Judicial Magistrate, Aurangabad, 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) JA/- U T