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Patna High CourtCR. MISC./30963/2018bail granted

Zirwa Devi And ORS v. The State Of Bihar

2018-05-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30963 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -KOTHIGRAM District- GAYA ======================================================

1. Zirwa Devi, Wife of Mahavir Mahto,

2. Kumari Rita Sinha, Wife of Anil Prasad @ Bhikhari Prasad.

3. Sakuntala Devi, Wife of Satendra Prasad.

4. Rubi Devi, Wife of Anirudh Prasad. null

5. Mahavir Mahato, Son of Late Ram Chandra Mahto.

6. Anil Prasad @ Bhikhari Prasad, Son of Mahavir Prasad.

7. Shyam Govind Prasad, Son of Late Sita Ram Mahto, All are resident of Village- Devaria, P.S. Kothi, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kothi P.S. Case No. 60 of 2017 corresponding to GR No. 2380/17 instituted for the offences punishable under Sections-147, 148, 149, 341, 342, 452, 323, 324, 325, 326, 307, 337, 354(B), 427, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. Specific allegation of pulling saree of informant is against other co-accused, namely, Sahendra Kumar, Manoj Prasad, Akhilesh Prasad and Kamlesh Prasad. Counsel for the petitioners has further submitted that all the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.30963 of 2018 (2) dt.24-05-2018 2/2 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 Kothi P.S. Case No. 60 of 2017 corresponding to G.R. No. 2380/17 to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya 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 petitioner 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) sushma/Uma/- U T