Kunti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43976 of 2018 Arising Out of PS.Case No. -598 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Kunti Devi, W/o Late Bhajan Sharma,

2. Sobha Devi W/o Subham Sharma,

3. Suman Sharma S/o Late Bhajan Sharma,

4. Bikram Kumar S/o Late Bhajan Sharma,

5. Subham Sharma S/o Late Bhajan Sharma, All are R/o Vill.- Naripa, P.S.- Rajoun, and District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiva Kumar Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Rajoun P.S. Case No. 598/2017, instituted for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The instant F.I.R. is counter case of Rajoun P.S. Case No. 597/2017, which has been instituted by Petitioner No. 3 against the informant and others. There was Marpit between the parties.

It appears from the impugned order that there was

Patna High Court Cr.Misc. No.43976 of 2018 (2) dt.23-07-2018 2/2 primary injury report of injured persons were available. The supplementary injury report is not available with record. Considering the facts and circumstances of the case, the 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 Rajoun P.S. Case No. 598/2017, 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 the learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 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 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.) Rakhi U T