Devendra Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62351 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Devendra Mehta, S/o Mungalal Mehta
2. Lalan Mehta, S/o Budhan Mehta
3. Ravi Mehta@ Ravilal Mehta, S/o Bilekshan Mehta
4. Manoj Mehta, S/o Bilekshan Mehta, All are resident of village- Parsa, Ward No. 5, P.S. Kishanpur, District- Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Supaul Mahila P.S. Case No. 13o of 2017 instituted for the offence under Sections 341,323,354(B),380,504,506/34 of the IPC.
It has been submitted that occurrence is said to have taken place on 20.08.2017 and FIR was lodged on 01.09.2017 without any satisfactory explanation of delay. It has been submitted that all these petitioners are agnates of the husband of the informant. There is land dispute between the parties. In the written report it is alleged that all these petitioners entered into her house and performed various acts to outrage her modesty. The counsel for the petitioners has submitted that occurrence is dated 20.08.2017 and the case has been filed on 01.09.2017.
Patna High Court Cr.Misc. No.62351 of 2017 (2) dt.20-12-2017 2/2 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 Supaul Mahila P.S. Case No. 130 of 2017 to the satisfaction of learned C.J.M., 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 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.