Hiralal Chaudhary @ Harilal Chaudhary And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44362 of 2018 Arising Out of PS.C.ase No. -102 Year- 2018 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Hiralal Chaudhary @ Harilal Chaudhary,
2. Kanhaiya Chaudhary @ Kanhaiyalal Chaudhary Both Sons of Late Ramdeo Chaudhary, R/o Vill.- Srikalpur, P.S.- Guthani, District- Siwan.
3. Harihar Ram S/o Sahdeo Ram, R/o Vill.- Sonhaula, P.S.- Guthani, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Om Prakash Sahani S/o Narayan Sahni, R/o Vill.- Sonhaula, P.S.- Guthani, District- Siwan. Add. Vikash Nagar, Moli, Jagran, Chandigarh. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Complaint Case No. 102 of 2018, instituted for the offences punishable under Sections 120(B), 341, 323, 364, 302, 407, 468 and 471/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the alleged occurrence is said to have taken place on 05.05.2017, 06.06.2017 and 23.12.2017 but the complaint case has been filed on 10.01.2018. It is alleged that the grandfather of the complainant
Patna High Court Cr.Misc. No.44362 of 2018 (2) dt.27-07-2018 2/3 had sold his land on 06.06.2017 to petitioner nos. 1 and 2 for his maintenance as the complainant and his father were not looking after his grandfather. The instant case has been filed by the complainant only to pressurize the petitioners for returning the aforesaid land to him. The grandfather of the complainant had died natural death on 09.12.2017 after execution of sale deed on 06.06.2017 in favour of the petitioners. A copy of the invitation of Shradh ceremony has been annexed as Annexure-2. Considering the facts and circumstances of the case, the 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 Complaint Case No.
102 of 2018, 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 learned Additional Chief Judicial Magistrate-II, Siwan, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(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
Patna High Court Cr.Misc. No.44362 of 2018 (2) dt.27-07-2018 3/3 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.) Rakhi U T