Suraj Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45032 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Suraj Bind, Son of Late Jagarnath Bind,

2. Kanhaiya Bind, Son of Late Jagarnath Bind,

3. Surendra Prasad @ Surendra Bind, Son of Vishwanath Bind,

4. Chandrashekhar Kumar, Son of Vijay Bind, All resident of VillageBhaganpura, P.S.- Chenari, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Shivsagar P.S. Case No. 152 of 2017 instituted for the offence under Sections-379, 354(A) & other minor Sections of the Indian Penal Code. As per allegation, wife of the informant is a social worker. She was promoting for construction of toilet and on the date of occurrence, when she reached in the village for such promotion work, she was assaulted and was abused by these petitioners. It has been submitted that there is case and counter case between the parties. The petitioner No. 1 has lodged Shivsagar P.S. Case No. 151 of 2017 against the informant of this case and others. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.45032 of 2017 (3) dt.10-10-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six 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 in Shivsagar P.S. Case No. 152 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sasaram, Rohtas 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 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