Bahadur Kharwar And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44380 of 2015 Arising Out of PS.Case No. -1298 Year- 2012 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Bahadur Kharwar, son of Tiwari Kharwar.
2. Manakiya Devi @ Janakiya, wife of Bahadur Kharwar, both resident of village- Barka Rajpur, P.S. Simari (Tilak Rai Ke Hata O.P.), DistrictBuxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Akalu Kumhar, Son of Late Ram Dayal Kumhar, resident of Dulahpur (Niyazipur), P.S. Simari, District- Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Subhash Chandra Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 14-10-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 420, 406, 120-B Indian Penal Code.
Considering that the allegations are only oral in nature and the Petitioners have no criminal antecedents, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/ production of a copy of this order in connection with Complaint Case No.1298-C of 2012, they shall be released on anticipatory
Patna High Court Cr.Misc. No.44380 of 2015 (2) dt.14-10-2015 2/2 bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners.
The bailors will undertake to furnish information to the court about any change in the address of the Petitioners, (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) JA/- U T