Uday Narayan Ram And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62364 of 2017 Arising Out of PS.Case No. -236 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Uday Narayan Ram, son of late Bhola Ram, resident of village Nanaura, P.O. Nanaura, P.S. Ghorasahan, Distt. East Champaran.
2. Mukesh Kumar @ Sukesh Kumar, son of Vilas Ram, resident of village Balua Tola, P.O. Balua, P.S. Kundwa Chainpur, Distt. East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar @ Arun Kumar, son of Ram Chandra Ram, resident of village Balua Tola, P.O. Balua, P.S. Kundwa Chainpur, Distt. East Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Dhaka P.S. Case No. 236 of 2015 instituted for the offence under Sections 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code. It is alleged that one Punam Kumari has applied for the post of Sevika on the basis of certificate issued from Bihar Sanskrit Shiksha Board, Patna, in the year 2005 disclosing her father's name as Nagendra Ram which was not correct. The father's name of Punam Kumari is Uday Narayan Ram. The said Nagendra Ram has a daughter namely Amrita Kumari and the
Patna High Court Cr.Misc. No.62364 of 2017 (2) dt.20-12-2017 2/3 name of his wife is Binda Devi.
Learned counsel for the petitioners has submitted that compromise has taken place between the parties. It has further been submitted that no benefit was given to Punam Kumari on the basis of aforesaid application. The petitioner No. 1 is father of Punam Kumari whereas petitioner No. 2 is husband of Punam Kumari.
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 petitioners, named above, within six weeks from today, in connection with Dhaka P.S. Case No. 236 of 2015, 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 learned Sub Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran, subject to the conditions as laid down under Section 438 (2) 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
Patna High Court Cr.Misc. No.62364 of 2017 (2) dt.20-12-2017 3/3
(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) S.Ali/- U T