Gama Thakur @ Goma Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46530 of 2018 Arising Out of PS.Case No. -332 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. GAMA THAKUR @ GOMA THAKUR, Son of Late Banarsi Thakur, resident of Village- Shripur, P.S.- Naugachia, District- Bhagalpur.
2. Sunita Devi Wife of Binod Thakur, resident of Village- Khagra, P.S.- Prabatta, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Kotwali (Tilka Manjhi) P.S. Case No. 332/2017, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the F.I.R. is against unknown. Petitioners are not named in the F.I.R. It is alleged in the written report that some unknown miscreants have committed murder of his two maternal uncles but during course of investigation in further statement, the informant has taken name of these petitioners stating that there was land dispute for two kathas and three and half dhurs land of the
Patna High Court Cr.Misc. No.46530 of 2018 (2) dt.24-08-2018 2/3 deceased where the petitioners were residing and subsequently petitioners and other co-accused used to make pressure on the deceased to execute deed in their favour with respect to the aforesaid land and on refusal, they killed his uncles. Besides suspicion, there is no allegation of any overt act against these petitioners.
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 Kotwali (Tilkamanjhi) P.S. Case No. 332/2017, 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 learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 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 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,
Patna High Court Cr.Misc. No.46530 of 2018 (2) dt.24-08-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi U T