Rajeev Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51742 of 2017 Arising Out of PS.Case No. -576 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Rajeev Thakur,
2. Pankaj Thakur, Both sons of Arvind Thakur, Resident of Mohalla- Taiyabpur, P.S.- Desari, District- Vaishali wrongly mentioned the address of these petitioners as Village Sachipatti, P.S.- Town Hajipur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Hajipur Town P.S. Case No. 576 of 2017 instituted for the offence under Sections 341, 323, 504, 506, 384 and 379/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the informant is living separate from her husband since last ten years. She is living with her younger son in another house of her husband.
Learned counsel for the petitioners has referred Annexure-2 which is affidavit filed by the husband of the
Patna High Court Cr.Misc. No.51742 of 2017 (2) dt.09-11-2017 2/3 informant wherein it is alleged that the informant, who is his wife, is living separate from him, since last seven years. The behaviour of informant after his retirement is not good with him. She is creating obstruction to him in getting the amount of retrial benefits and for that purpose, she has filed the instant case against her two sons (petitioners) who are living with him.
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 Hajipur Town Case No. 576 of 2017, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, 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,
Patna High Court Cr.Misc. No.51742 of 2017 (2) dt.09-11-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T