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Patna High CourtCR. MISC./59215/2017bail granted

Ashok Dom And ORS v. The State Of Bihar

2017-12-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59215 of 2017 Arising Out of PS.Case No. -363 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Ashok Dom, Son of Bhuna Dom,

2. Santosh Dom,

3. Deepak Dom, Both son of Ashok Dom,

4. Govind Dom, son of Arjun Dom,

5. Wakil Dom, son of Arjun Dom, All are resident of Mohalla Ambedkar Nagar P.S. & District- Jehanabad.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Jehanabad P.S. Case No.363 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 379, 448, 504 and 506 of the Indian Penal Code.

It is submitted that there is case and counter case between the parties. The counter case has been filed by petitioner no.3 vide Jehanabad P.S. Case No.366 of 2017 against the informant and others. In the written report, it is alleged that on the date of occurrence, the petitioners along with other accused persons armed with deadly weapons arrived and assaulted the informant

Patna High Court Cr.Misc. No.59215 of 2017 (3) dt.19-12-2017 2/2 and his family members with lathi, danda, sword and iron rod. It is also alleged that during course of attack, the accused persons took golden chain and wrist watch and in such manner, there is general and omnibus allegation against the petitioners. 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 petitioner, namely above, within six weeks from today, in connection with Jehanabad P.S. Case No.363 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 Sri Sudhir Sinha, Sub-Judge-1, Jehanabad, subject to the 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, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) N.H.