Ganesh Kumar @ Ganesh Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51440 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================
1. Ganesh Kumar @ Ganesh Kumar Singh, Son of Sri Shankar Singh,
2. Shankar Singh Son of Late Chandar Singh,
3. Lal Bahadur Singh S/o Late Anand Singh, All are R/o Village- Gawpur, P.S.- Ujiyarpur, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ujiyarpur P.S. Case No. 122/2017 instituted for the offence under Sections 341, 323, 452, 354, 307, 316, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the informant and petitioners are agnates and descendants of common ancestors. There is allegation against petitioners no. 1 and 3 of assaulting the daughter-in-law (pregnant lady) of the informant with lathi, danda, fists and slaps on account of which she felt pain in stomach. Petitioners no. 1 and 2 pressed the neck of son of the informant with intention to kill him.
Patna High Court Cr.Misc. No.51440 of 2017 (3) dt.08-11-2017 2/3 Injury report of the daughter-in-law of the informant has been produced which shows that the injured was carrying pregnancy. From the report it is not apparent that any damage has been done to the foetus.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners are allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Ujiyarpur P.S. Case No. 122/2017, they shall be enlarged 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 SubDivisional Judicial Magistrate, Dalsingsarai, Samastipur, 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
Patna High Court Cr.Misc. No.51440 of 2017 (3) dt.08-11-2017 3/3 move for cancellation of bail of the petitioners. (Sanjay Priya, J) Vinita/- U T