Dharmpal Goswami And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38462 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Dharmpal Goswami son of Late Baldeo Goswami.
2. Sanju Devi Wife of Dharmpal Goswami.
Both residents of Bindwara, P.S. - Kasim Bazar, District - Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 The petitioners are apprehending their arrest in connection with Kasim Bazar P.S. Case No. 30 of 2018 , registered for offences punishable under Sections 341, 323, 504, 506, 308 and 34 of the Indian Penal Code.
Allegation against the petitioners is of throwing into the well causing injuries to her.
It has been submitted on behalf of the petitioners that only general and omnibus allegation has been levelled against the petitioners and main allegation is against co-accused Gautam Goswami. Moreover petitioner no. 2 is a lady and both the petitioners have falsely been made accused in this case. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and as petitioner no. 2 is a lady, let the
Patna High Court Cr.Misc. No.38462 of 2018 (2) dt.29-06-2018 2/3 petitioner no. 2, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Munger, in connection with Kasim Bazar P.S. Case No. 30 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make herself available as and when required by the police and on the event of failure on her part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds .
So far petitioner, no. 1 is concerned, considering the facts and circumstances of the case and nature of accusation, I am
Patna High Court Cr.Misc. No.38462 of 2018 (2) dt.29-06-2018 3/3 not inclined to grant him privilege of anticipatory bail rather he should surrender before the court below and make prayer for regular bail, which will be disposed of by the court below on the merit of the case.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J.) sunil/- U T