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Patna High CourtCR. MISC./9727/2018bail granted

Ajay Bansal And ORS v. The State Of Bihar

2018-03-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9727 of 2018 Arising Out of PS.Case No. -491 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Ajay Bansal

2. Sanjay Bansal Both are Son of Om Prakash Bansal

3. Om Prakash Agrawal @ O.P. Bansal Son of Ramdhan bansal

4. Shakuntala Bansal @ Shakuntala Wife of om Prakash Bansal, All are Resident of 48 Tirupati Nagar Indore, P.S.-Airdrome, District-Indore (M.P.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bhabua P.S. Case No. 491 of 2013 instituted for the offence under Sections-420, 467, 471, 447 and 120B of the Indian Penal Code.

It has been submitted that after death of her husband, Dhwani Agrawal performed second marriage with Sanjay Bansal and changed her name as Kirti Bansal. She executed sale deed with respect to land belonging to the informant and her sisters. These lands have been mutated in the name of different persons as mentioned in the written report. These petitioners are family members of second husband of Dhwani Agrawal. Counsel for the petitioners submits that Dhwani Agrawal has already been granted anticipatory bail by a coordinate

Patna High Court Cr.Misc. No.9727 of 2018 (2) dt.27-03-2018 bench of this court vide order dated 02-08-2017 passed in Cr. Misc. No. 19376 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with in Bhabua P.S. Case No. 491 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to condition as laid down u/S 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 be liable to cancel his bail bond 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) A.K.V.