Sriniwash Singh @ Sri Niwash Prasad Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56343 of 2017 Arising Out of PS.Case No. -390 Year- 2011 Thana -KANKARBAGH District- PATNA ======================================================
1. Sriniwash Singh @ Sri Niwash Prasad Singh, S/o Late Kedar Singh,
2. Shishupal @ Shishupal Singh @ Shishupal Kumar, S/o Late Kedar Singh, Both are resident of Village- Marachi, P.S.- Punpun, Distt- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Kankarbagh P.S. Case No. 390 of 2011, G.R. No. 5360 of 2011 instituted for the offence under Sections 323, 341, 379 and 34 of the Indian Penal Code.
It is alleged that the informant had gone to meet the Doctor and during return journey, the petitioners assaulted her and snatched the golden chain.
Learned counsel for the petitioners has submitted that petitioners are Bhainsur and Dewar of the informant. There is general and omnibus allegation against the petitioners. It has
Patna High Court Cr.Misc. No.56343 of 2017 (2) dt.29-11-2017 2/2 further been submitted that the informant is in habit of lodging the case against the 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 Kankarbagh P.S. Case No. 390 of 2011, G.R. No. 5360 of 2011, 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 Smt. Sarika Bahalia, learned Judicial Magistrate, 1st Class, Patna, 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.