Patna High CourtCR. MISC./45682/2014bail granted

Kapil Deo Singh And ANR v. The State Of Bihar

2015-04-10Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45682 of 2014 Arising out of P.S. Case No. -369 Year- 2013 Thana - AURANGABAD COMPLAINT CASE District- AURANGABAD ===================================================

1. Kapil Deo Singh S/o Bhikari Singh.

2. Baijnati Devi W/o Kapildeo Singh Both Resident of villageMokhtiyarpur, P.S.- Risiup, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mrs. Leelawati Kumari, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

03. 10.04.2015 Heard learned counsel for the Petitioners and the State. The Petitioners are apprehending their arrest in a case registered under Sections 406, 379 and 504 of the Indian Penal Code.

Considering that the Petitioners who are uncle and aunt were not the persons who had executed the Sale-deed and, hence, there was no justification for payment to having been received by them, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Complaint Case

Patna High Court Cr.Misc. No.45682 of 2014 (3) dt.10-04-2015 No. 369 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T