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Patna High CourtCR. MISC./48620/2017bail granted

Arun Thakur And ORS v. The State Of Bihar

2017-11-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48620 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Arun Thakur, Son of Late Jamun Thakur,

2. Achchelal Kumar Son of Arun Thakur,

3. Ram Chandra Thaur @ Babblu Thakur, Son of Arun Thakur,

4. Mala Devi W/o Babblu Thakur @ Ram Chandra Thakur,

5. Khatari Devi @ Lalita Devi W/o Arun Thakur, All are R/o VillageKatahi, Bansh Bari, Ward No.8, P.S.- Chhatapur (Rajeshwari O.P.), District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Choudhary For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chhatapur P.S. Case No. 214 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It has been submitted that there is case and counter case between the parties. The counter case has been filed by wife of petitioner No. 1, bearing Chhatapur P.S. Case No. 217 of 2017 for the same date of occurrence against the informant and others. From the written report, it appears that occurrence took place on the pretext that daughter of the informant was cutting grass from the land of the petitioners.

Patna High Court Cr.Misc. No.48620 of 2017 (3) dt.06-11-2017 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 Chhatapur P.S. Case No. 214 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Supaul 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