Binod Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8809 of 2018 Arising Out of PS. Case No.-1826 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================
1. Binod Yadav, son of Gandhi Rai @ Ashok Rai,
2. Lalita Devi, wife of Binod Yadav,
3. Sudhir Kumar, son of Binod Yadav, All are resident of VillageKhaprailchak, P.S. Parsa Bazar, District Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sunita Devi, wife of Briju Prasad, resident of Village- Khaprailchak, Post Office & P.S. Parsa Bazar, District Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Usha Kumari Singh For the Opposite Party/s :
Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in complaint case no. 1826 ( C) of 2017 instituted for the offence under Section(s) 323, 504, 354 and 386 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner no.1 is Bhaisur of the complainant . There is family dispute between the parties.
It s alleged in the complaint petition that petitioner no.1 has obtained power of attorney from his mother, namely, Chinta Devi and ousted the complainant from his house. Learned counsel for the petitioners further submitted that mother of the
Patna High Court Cr.Misc. No.8809 of 2018(4) dt.26-04-2018 2/3 petitioner no.1, namely, Chinta Devi has earlier filed a complaint vide complaint case no. 127 -C of 2017 in which petitioner nos. 1 and 2 have been granted anticipatory bail by this court vide order dated 10.8.17 passed in Cr. Misc. no. 36801 of 2017. Petitioner nos. 2 and 3 are wife and son of petitioner no.1.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with complaint case no. 1826 ( c) 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 the learned Sub Judge-IX-cum- ACJM, Patna 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
(3) if petitioners tamper with the evidence or the witnesses of
Patna High Court Cr.Misc. No.8809 of 2018(4) dt.26-04-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T