Anandi Das @ Anandi Tanti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40494 of 2016 Arising Out of PS.Case No. -214 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Anandi Das @ Anandi Tanti S/o Late Vikaw Tanti
2. Santi Das Son of Anandi Das.
3. Banti Das Son of Anandi Das All residents of Village Saharsa Nagar Parishad Mohalla Gangjala, Ward No 17, P.S. and Distt. Saharsa.
4. Dholi Devi Wife of Ratan Das resident of Village- Saharsa near Super market ward no 18 P.S and Distt. Saharsa.
5. Gopal Das Son of Lukhan Das
6. Riku Devi @ Rinku Devi wife of Gopal Das Both R/o Village Bhirkhi Madhepura Nagar Parishad P.S and Distt. Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Madhepura P.S. Case No. 214 of 2016 instituted for the offence under Sections-498(A), 323, 365/34 of the Indian Penal Code.
Petitioners are family members of the husband of the daughter of informant. There is general and omnibus allegation against the petitioners.
It has been submitted that occurrence took place in the year, 2007 but FIR has been registered in the year, 2016 on the basis of complaint, filed by the mother of victim girl. From the written report itself, it appears that there is general
Patna High Court Cr.Misc. No.40494 of 2016 (5) dt.04-09-2017 and omnibus allegation against the petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Madhepura P.S. Case No. 214 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to condition as laid down u/S 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, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.