Shail Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.25051 of 2017 (2) dt.17-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25051 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shail Devi wife of Shatrughan Das,
2. Shanichari Devi wife of Prasad Das
3. Indu Devi wife of Kishore Das
4. Amarjeet Das @ Amarjeet Kumar son of Shatrughan Das, All are resident of village- Rampur Manorath, P.S.- Patahi, DistrictEast Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Patahi Police Station Case No. 177 of 2016, disclosing offences under Sections 188 and 353of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, occurrence is of 19.12.2016 whereas F.I.R. has been lodged on 24.12.2016 after lapse of five days, which itself creates doubt on the prosecution version. As a matter of fact, there is a Title Suit being T.S. No. 76 of 2016 is pending between the parties, which
Patna High Court Cr.Misc. No.25051 of 2017 (2) dt.17-07-2017 is evident paragraph-7 of the petition. Hence, the petitioners deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-8th, Motihari, East Champaran in connection with Patahi Police Station Case No. 177 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T