Patna High CourtCR. MISC./24161/2017bail granted

Nazir Pawariya And ORS v. The State Of Bihar

2017-07-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24161 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Nazir Pawariya

2. Sabir Pawariya

3. Chhotu Pawariya All Sons of Late Taslim Pawariya

4. Husnmara Khatoon @ Husnere Khatoon W/o Late Taslim Pawariya All Resident of Village- Pipra Bagahi, P.S.- Kutumba, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kutumba P.S. Case N0. 40 of 2017, disclosing offences under Sections 436,427,504/34 of the Indian Penal Code. It is evident from the First Information Report that partition in the family is the background in which the occurrence is said to have taken place. The petitioners and the informant are next door neighbours.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court

below, 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 the learned Chief Judicial Magistrate, Aurangabad in Kutumba P.S. Case No. 40 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U