Patna High CourtCR. MISC./40359/2017bail granted

Reeta Devi And ORS v. The State Of Bihar

2017-09-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40359 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -HATHUA District- GOPALGANJ ======================================================

1. Reeta Devi, Wife of Krishna Sah.

2. Sabita Devi, Wife of Sanjay Sah.

3. Pinki Devi, Wife of Harkesh Sah.

4. Sheela Devi, Wife of Chandrika Sah.

5. Sunita Devi, Wife of Amar Nath Sah.

6. Guddu Sah, Son of Ram Bachan Sah.

7. Munna Sah, Son of Raghu Sah.

8. Jay Prakash Yadav, Son of Mahesh Chaudhary.

9. Sandip Choudhary, Son of Ravindra Choudhary, All are resident of Village- Rupank Chak, P.S.- Hathua, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Hathua P.S. Case No. 47 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 326, 324, 307, 332, 333, 353, 216, 224, 352 and 504 of the Indian Penal Code.

As per written report, these petitioners are members of unlawful assembly. The informant has alleged that all the named accused including the petitioners made protest against the police party when they proceeded to arrest some accused of Hathua P.S.

Patna High Court Cr.Misc. No.40359 of 2017 (4) dt.21-09-2017 2/2 Case No. 24 of 2017 in their village, as a result of which, the accused persons fled away.

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 Hathua P.S. Case No. 47 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 learned Chief Judicial Magistrate, Gopalganj, 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 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.