Ghanshayam Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57922 of 2017 Arising Out of PS.Case No. -478 Year- 2017 Thana -KISHANGANJ District- - ======================================================
1. Ghanshayam Das, S/o Raju Das,
2. Raju Das, S/o Lakhan Das,
3. Fucho Devi, W/o Raju Das,
4. Maksood Ansari @ Anwar, S/o Enul Ansari, all resident of villageKhagra, P.S.- Kishanganj, District- Kishanganj.
5. Akhlaq, S/o Md. Samid, resident of village- Dharamganj, P.S.- Kishanganj, District- Kishanganj,
6. Siddhant Ram @ Siddhant, S/o Narayan Ram, resident of villageKhagra Paswan Tola, P.S.- Kishanganj, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, APP For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Kishanganj P.S. Case No.478 of 2017 instituted for the offence under Section(s) 341, 323, 354, 504, 509, 376, 511/34 Indian Penal Code.
It has been submitted that there is general and omnibus allegation against these petitioners. Counsel for the petitioners has submitted that from the statement of the victim girl recorded under Section164 Cr. P. C., it will appear that dispute took place between petitioner no.1 and the Informant for fixing solar light. Victim has levelled general allegation against
Patna High Court Cr.Misc. No.57922 of 2017 (2) dt.12-12-2017 2/3 petitioner no.1 that he attempted to do some illegal act with her. There is no allegation of any specific overt act against other accused persons.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kishanganj P.S. Case No.478 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, 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) JA/- U T
Patna High Court Cr.Misc. No.57922 of 2017 (2) dt.12-12-2017 3/3