Sadhna Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50574 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sadhna Devi W/o Umesh Singh.

2. Umesh Singh @ Umesh Pd. Singh, S/o Late Gramdutt Singh. Both resident of Village- Banjariya, P.S.- Madhuban, District- East Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Madhuban P.S. Case No.71of 2017 for the offence under Sections 387/ 120B of the I.P.C., Section17 of C.L.A. Act and Sections 10/13 of U.A.P.A.Act.

As per written report there is allegation that one co-accused Sanni Singh has demanded rangdari of Rs.7/- lacs from the informant. Name of the petitioners have surfaced only on the basis that they happen to be the parents of the co-accused, Sanny Singh.

Patna High Court Cr.Misc. No.50574 of 2017 (3) dt.17-11-2017 2/3 Counsel for the petitioners has submitted that the names of the petitioners have surfaced only on the ground that they happen to be the parents of the co-accused, Sanny Singh. In the written report itself there is no allegation of any overt act against these petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.-IV, Motihari, East Champaran, in Madhuban P.S. Case No.71/17 subject to the conditions as laid down under Section 438 (2) of 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 tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court Cr.Misc. No.50574 of 2017 (3) dt.17-11-2017 3/3 liberty to move for cancellation of bail of the petitioners. AnilKrSinha/- (Sanjay Priya, J) U T