Sushila Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38792 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Sushila Devi, Wife of Raj Ballam Chaudhary
2. Lilawati Devi, wife of Amarjit Chaudhary
3. Kusum Kumari @ Kumari Pratibha, D/o Raj Ballam Chaudhary
4. Raj Ballam Chaudhary, Son of late Shankar Chaudhary
5. Rima Kumari, D/o Amarjit Chaudhary
6. Sita Ram Chaudhary@ Sita Ram Kumar Chaudhary, Son of Amarjit Chaudhary All Resident of Village- Fatehpur, Police Station- Mirganj, District Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mirganj P.S. Case No. 161 of 2017 instituted for the offence under Sections 147, 149, 336, 353 and 504 of the Indian Penal Code. It is alleged in the written report that when informant went to remove the encroachment, these petitioners caused obstruction in discharging his official duty. It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.38792 of 2017 (2) dt.28-08-2017 2/2 From the written report it appears that there is general and omnibus allegation against these petitioners. 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 Mirganj P.S. Case No. 161 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-XII, Gopalganj, 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 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.
(Sanjay Priya, J) S.Ali/- U T