Sangita Devi @ Sangeeta Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5694 of 2018 Arising Out of PS.Case No. -1826 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Sangita Devi @ Sangeeta Devi, daughter of Binod Yadav.
2. Rahul Kumar, Son of Sipahi Ji @ Ram Narayan Yadav. Both are Resident of Village-Punpun P.S.-Punpun District-Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi, Wife of Briju Prasad, Resident of Khaprailchak, Post Office & Police Station-Parsa Bazar, District-Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Usha Kumari Singh, Advocate. For the opposite party No.2 : Mr. Umesh Chandra, Advocate. Mr. Ajay Kumar Singh No. 1, Advocate For the State : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Complaint Case No. 1826(C) of 2017 instituted for the offence under Sections 323, 504, 354 and 386 of the Indian Penal Code.
In the complaint petition it is alleged that while the complainant unloaded Bricks from Tractor then accused persons abused the complainant and snatched golden chain. They also assaulted the complainant. The allegation against petitioner No. 1 is of snatching Rs.12,000/- from possession of the complainant. There is no allegation against petitioner No. 2.
Learned counsel for the petitioners has submitted that
Patna High Court Cr.Misc. No.5694 of 2018 (3) dt.03-04-2018 2/2 there is land dispute between the parties.
Learned counsel for the complainant (opposite party No.
2) has appeared and opposed prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case, 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. 1826(C) 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 learned Sub Judge-IX-cum-Additional Chief Judicial Magistrate, Patna, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T