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Patna High CourtCR. MISC./38294/2017bail granted

Sudhir Yadav @ Sudhir Kumar And ANR v. State Of Bihar And ANR

2017-09-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38294 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Sudhir Yadav @ Sudhir Kumar S/o Hari Narain Yadav

2. Amerika Devi W/o Hari Narain Yadav Both are residents of VillageBela Maujha, P.S.- Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manisha Devi W/o Sunil Kumar Yadav D/o Parmeshwari Yadav, resident of Village- Bela Maujha, P.S.- Kishanpur, District- Supaul, At Present of Village- Narahi, P.S.- Kishanpur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Mahila (Supaul) P.S. Case No. 136 of 2016 instituted for the offence under Sections-323, 498(A), 504 and 506/34 of the Indian Penal Code and u/S 3⁄4 of Dowry Prohibition Act.

It has been submitted that petitioners are Bhainsur and mother-in-law of the informant. The case has been registered u/S 498A of the Indian Penal Code. The matter has been compromised between the parties and the informant is living with her husband. The compromise petition has been filed in the court below. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.38294 of 2017 (3) dt.01-09-2017 2/2 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 Mahila (Supaul) P.S. Case No. 136 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Supaul 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