Kusheshwar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51049 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Kusheshwar Rai, Son of Late -Kishori Rai,

2. Sangeeta Devi Wife of Devan Kumar Rai, All above Resident of VillageLaxminarayapur, Police Station-Tisiaura, District-Vaishali at Hajipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Tisiauta P.S. Case No. 35 of 2017 instituted for the offence under Sections-307, 325, 380 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. Both sides sustained injuries in the same set of occurrence. The petitioner No. 1 has filed Tisiauta P.S. Case No. 36 of 2017 against the informant and others.

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) with two sureties of the like amount each in connection with Tisiauta P.S. Case No. 35 of

Patna High Court Cr.Misc. No.51049 of 2017 (2) dt.03-11-2017 2017 to the satisfaction of learned Additional Chief Judicial MagistrateIX, Vaishali at Hajipur 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 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) A.K.V./- U T