Ramratiya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51735 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================
1. Ramratiya Devi, Wife of Vishnudeo Yadav,
2. Shrawan Kumar, Son of Vishnudeo Yadav,
3. Vishnudeo Yadav, Son of Ramchandra Yadav, Resident of VillageBaburam Bigha, P.S.- Narari Kala Khurd, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Narari Kala Khurd P.S. Case No. 19 of 2017 instituted for the offence under Sections 341, 323, 325 and 308/34 of the Indian Penal Code. It has been submitted that petitioner Nos. 1 and 3 are uncle and aunt of the informant whereas petitioner no. 2 is his cousin brother. There is land dispute between the parties. A compromise petition filed in the court below has been enclosed vide Annexure-3. There is general and omnibus allegation against these petitioners.
The injury report has been enclosed as Annexure-2 wherein the Doctor has found all the injuries on the person of the informant to be simple in nature except injury No. 3 and the opinion
Patna High Court Cr.Misc. No.51735 of 2017 (2) dt.09-11-2017 2/2 was kept reserved till X-ray report.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Narari Kala Khurd P.S. Case No. 19 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438
(2) 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) S.Ali/- U T