Ram Binesh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16961 of 2017 Arising Out of PS.Case No. -507 Year- 2015 Thana -SHASTRINAGAR District- PATNA ======================================================
1. Ram Binesh Singh son of Late Ram Tawakya Singh
2. Sunita Devi @ Sunita Singh w/o Sri Ram Binesh Singh Both residents of Om Enclave, Flat No. 201, Mohanpur Punaichak, near Vidyapati Lodge, Police Station - Shastrinagar, District and Town - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Shastrinagar P.S. Case No. 507 of 2015 instituted for the offence under Sections-379, 354(B) & other minor sections of the Indian Penal Code.
It is alleged that while the informant was sleeping in her room, both these petitioners entered the flat of the informant and abused her. It is alleged that petitioner No. 2 snatched golden chain of the informant while petitioner No. 1 snatched golden ring of the informant and tore her blouse and also tried to molest her. It is submitted on behalf of the petitioners that the petitioners and the informant live in the same apartment. There is
Patna High Court Cr.Misc. No.16961 of 2017 (2) dt.15-05-2017 2/3 land dispute between the parties. The petitioner No. 2 has filed Title Suit No, 01 of 2014 against husband of the informant. It is also submitted that petitioner No. 2 had earlier filed Shastrinagar P.S. Case No. 502 of 2015 on 11-09-2015 against the husband of the informant and others and the instant case is counter blast of the aforesaid case. In paragraph-3, it has been mentioned that petitioners have no criminal antecedent.
In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Shastrinagar P.S. Case No. 507 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Patna subject to condition as laid down u/S 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
Patna High Court Cr.Misc. No.16961 of 2017 (2) dt.15-05-2017 3/3 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) A.K.V./- U T