Indradev Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40525 of 2017 Arising Out of PS.Case No. -248 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Indradev Kumar, Son of Chathu Singh, R/o Mohalla- Raghunathpur, P.S.- Turkauliya, District- East champaran.
2. Sita Devi W/o Lal Babu Sah, R/o Sugauli Bazar, Ward No. 9, P.S.- Sugauli, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sugauli P.S. Case No. 248 of 2016 instituted for the offence under Sections-406, 420/34 of the Indian Penal Code.
It has been submitted that there is no chit of paper filed by the informant in support of his allegation that he has paid Rs. 1,32000/- to the petitioner No. 1.
In the written report, there is general and omnibus allegation that petitioner No. 1 received Rs. 1,32,000/- from the informant on the promise of giving him employment. The petitioner No. 2 is alleged to have got introduced the petitioner No. 1 to the informant.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.40525 of 2017 (3) dt.10-11-2017 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 Sugauli P.S. Case No. 248 of 2016 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari 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