Jatan Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47607 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- PARAIYA District- Gaya ======================================================

1. Jatan Das son of Late Raghun Das

2. Pintu Das @ Kail Das son of Late Raghun Das both resident of Village - Bansraj Bigha, P.S. Paraiya, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Paraiya P.S. case no. 151 of 2017 instituted for the offence under Section(s) 147,149, 341, 323, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners of assaulting the father of the informant with Lathi, Danda and iron rod etc. Specific allegation of assaulting the mother of the informant, namely, Lalita Devi is attributed against co accused Shakuntla Devi. It is further pointed out that co- accused Shakuntla Devi has already been granted bail by co-ordinate Bench of this Court vide order dated 13.03.2018 passed in Cr.

Patna High Court Cr.Misc. No.47607 of 2018(2) dt.30-08-2018 2/2 Misc. no.14153 of 2018.

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 Paraiya P.S. case no. 151 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 the J.M. 1st Class, Gaya, 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) shyambihari/- U T