Sonam Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52503 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Sonam Devi, W/o Pintu Kumar,

2. Geeta Devi W/o Ganesh Ram,

3. Prabha Kumari D/o Ganesh Ram,

4. Ganesh Ram S/o Ramdeo Ram, All R/o Village- Ghuriya, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Barun P.S. Case No. 140 of 2017 instituted for the offence under Section-308 & other minor Sections of the Indian Penal Code.

There is allegation against petitioner No. 4 of assaulting the informant on leg. There is no any specific allegation of overt act against petitioner Nos. 1, 2 & 3. There is case and counter case between the parties. The counter case bearing Barun P.S. Case No. 139 of 2017 has been filed by petitioner's side. The instant case has been filed as counter blast of that case.

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

Patna High Court Cr.Misc. No.52503 of 2017 (3) dt.16-11-2017 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 Barun P.S. Case No. 140 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad 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