Khiriya Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10349 of 2018 Arising Out of PS. Case No.-512 Year-2015 Thana- TURKAULIYA District- East Champaran ======================================================
1. Khiriya Devi, W/o Kishori Sahani,
2. Lalmati Devi @ Lalita Devi W/o Jaichandra Sahani,
3. Praduman Sahani @ Pradhumn Sahani S/o Krishna Dev Sahani,
4. Kishori Sahani @ Kishorilal Sahani S/o Bhola Sahni,
5. Jaichandra Sahani S/o Bhola Sahni, All are R/o VillageAjgarwna, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Turkauliya P.S. case no. 512 of 2015 instituted for the offence under Section(s) 341, 323, 504, 307, 313, 511 and 354 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. Learned counsel for the petitioners has submitted that now good sense has prevailed between the parties. They have filed a compromise petition in the Court below. Both parties are
Patna High Court Cr.Misc. No.10349 of 2018(3) dt.11-04-2018 2/3 agnates. There is no injury sustained to anybody in the occurrence as alleged in the written report. It is mentioned in para 3 of the bail petition that petitioners have no criminal antecedents.
Learned APP after looking into the case diary submits that there is no injury report in the case diary.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Turkauliya P.S. case no. 512 of 2015, 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 CJM East Champaran at Motihari, 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 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
Patna High Court Cr.Misc. No.10349 of 2018(3) dt.11-04-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T