Firangi Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54026 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -PURANHIA District- SHEOHAR ======================================================
1. Firangi Das, son of Late Lagan Das
2. Pintu Das, son of Firangi Das
3. Shakuntala Devi, wife of Pintu Das, All resident of Village- Basant Patti, P.S.- Purnahiya, District- Sheohar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Purnahiya P.S. Case No. 62 of 2017 instituted for the offence under Sections 147,148,149,341,323,386,387,389,427,440,436,455,457,354,354A ,448 of the IPC.
It is alleged that on 20.07.2017 Kishan Das son of Pintu Das, who was aged about 8 years died due to road accident and thereafter, allegedly 200 people including these petitioners assembled and started damaging the house of the informant and when police arrived then the situation was brought under control. Learned counsel for the petitioners has submitted that the accident took place on 20.7.2017 for which FIR was lodged by grand-father of the deceased Kishan Das vide Purnahiya P.S. Case No. 60 of 2017 against the driver of the motorcycle namely
Patna High Court Cr.Misc. No.54026 of 2017 (3) dt.16-01-2018 2/2 Raushan Kumar who is the son of the informant. Thereafter, the informant after death of the son of Pintu Das, petitioner no. 2 filed the instant case on 6.8.2017.
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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Purnahiya P.S. Case No. 62 of 2017 to the satisfaction of learned S.D.J.M., Sheohar 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.