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Patna High CourtCR. MISC./52522/2024allowed

Priti Kumari v. The State Of Bihar

2024-08-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52522 of 2024 Arising Out of PS. Case No.-1003 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

PRITI KUMARI WIFE OF TRIPURARI KUMAR @ LALLU BABU @ LALLU KUMAR VILLAGE- BIBHUTIPUR, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR 2.

TRIPURARI KUMAR @ LALLU BABU @ LALLU KUMAR SON OF SUBODH KUMAR SHARMA VILLAGE- BIBHUTIPUR, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR 3.

ABHISHEK KUMAR SON OF TRIPURARI KUMAR @ LALLU BABU @ LALLU KUMAR VILLAGE- BIBHUTIPUR, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

JYOTI KUMARI WIFE OF AVINASH KUMAR D/O- DHARMENDRA SINGH VLLAGE- SONAPUR BHARATH, P.O.- HANSUR, P.S.- NAYAGAON, DISTT.- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2024 Heard the parties.

2. The petitioners are aggrieved by the conditions imposed by the learned Sessions Judge, Begusarai in connection with Anticipatory Bail Application No. 751 of 2024.

3. The conditions mentioned in the anticipatory bail order reads as under:- (i) Within forty days from filing bail bond, the petitioners will settle the matter with complainant Jyoti Kumari, they can help in

Patna High Court CR. MISC. No.52522 of 2024(2) dt.22-08-2024 2/2 this matter with D.L.S.A, Begusarai.

(ii) If petitioners failed in one time settlement, the bail bond of the petitioners shall be cancelled by the court below.

(iii) Petitioners will file affidavit in this regard at the time of filing bail bond.

4. In the opinion of this Court, these kind of conditions cannot be imposed by the Court below while granting anticipatory or regular bail.

5. In view of the above, the impugned order dated 20.02.2024 is modified to the extent that the conditions as mentioned above shall not be treated to be part of the order dated 20.05.2024.

6. The time granted to the petitioners for surrendering before the concerned Court below is extended to six weeks from today.

(Sandeep Kumar, J) Vikas/- U T