Sugriv Prajapati @ Sugriv Prajapat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56377 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Sugriv Prajapati @ Sugriv Prajapat, Son of Shiv Prasad Prajapati,
2. Chhathan Prajapati @ Chhathan Kumar @ Chhathan Prajapat,
3. Vikash Prajapati @ Vikash Prajapat, Both sons of Sugriv Prajapati,
4. Surendra Prajapati @ Surendra Prajapat, Son of Shiv Prasad Prajapati, null
5. Angad Prajapati @ Angad Prajapat @ Angadh Prajapat, Son of Surendra Prajapati, All resident of Village- Trar, P.S.- Daudnagar, DistrictAurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Daudnagar P.S. Case No. 209 of 2017 instituted for the offence under Sections-341, 323, 380, 354, 448, 504, 506/34 of the Indian Penal Code. It is alleged in the written report that while the informant was cleaning her house, some accused persons entered into her house and started abusing and assaulting and the allegation against the petitioner is of catching her arm with bad motive and on hulla, her mother came for rescue. Then they also abused her by addressing Dayan.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.56377 of 2017 (2) dt.29-11-2017 2/2 petitioners are falsely implicated in this case due to land dispute for which a case No. 1043 of 1997 is pending in the S.D.O. Court, Daudnagar, Aurangabad. There are general and omnibus allegations against them. Petitioners are not having criminal antecedent. 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 Daudnagar P.S. Case No.
209 of 2017 to the satisfaction of learned Sub-divisional Judicial Magistrate, Daudnagar, 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 petitioner 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) sushma/- U T