Pramod Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54211 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================
1. Pramod Sah, S/o Late Govind Sah
2. Nilam Devi, W/o Pramod Sah
3. Sonu Brikhketu @ Sonu Brakeshu
4. Mithu @ Mithu Kumar @ Mitti Kumar, both are son of Pramod Sah
5. Surichi Kumari @ Suruchi Kumari, D/o Pramod Sah all are residents of village - Abjuganj, P.s. Sultanganj, Dist - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sultanganj P.S. Case No. 159 of 2017 instituted for the offence under Sections 341,323,307,354B,379,504,506/34 of the IPC.
Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The husband of the informant and petitioner no. 1 are full brother and rest petitioners are family members of the petitioner no. 1. It has been further submitted that there is dispute between the parties for partition. The informant side who were aggressors and committed occurrence with the petitioners for which Sultanganj P.S. Case No.
Patna High Court Cr.Misc. No.54211 of 2017 (4) dt.16-01-2018 2/3 167 of 2017 has been instituted by petitioner no. 2 Nilam Devi against the informant and others. The injury report has been enclosed at Annexure-3 (series) with this petition, wherein, the doctor has found the injuries of two person are simple in nature and for injury received by one namely Avinash Kumar, opinion kept reserved.
Learned counsel for the informant opposes the prayer for anticipatory bail of these petitioners.
In such circumstances, prayer for anticipatory bail is 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sultanganj P.S. Case No. 159 of 2017 to the satisfaction of learned A.C.J.M.1st, Bhagalpur 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds
Patna High Court Cr.Misc. No.54211 of 2017 (4) dt.16-01-2018 3/3 of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T