Dablu Ravidas @ Dablu Harizan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47603 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- RUPAULI District- Purnia ======================================================
1. Dablu Ravidas @ Dablu Harizan
2. Bablu Ravidas @ Bablu Harizan Both S/o Late Sahdeo Ravidas @ Late Sahdeo Harizan, resident of Village- Jangal Tola, P.S.- Rupauli (Mohanpur), District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Jha For the Opposite Party/s :
Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rupauli P.S. case no. 71 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioners have been named in the written report merely on suspicion on account of land dispute. In the complaint petition itself it is mentioned that complainant had purchased two decimals of land from petitioner no.1. It is further alleged that petitioner no.1 did not allow her to construct house over the same and used to give threat that her husband would be killed. It is further alleged that in this respect husband of the
Patna High Court Cr.Misc. No.47603 of 2018(2) dt.30-08-2018 2/3 complainant had lodged a sanha before the S.D.O. on 6.12.2016. It is alleged that on 6.7.17 the husband of the informant after taking dinner went to sleep in the room where there was no any door. The informant in the morning found her husband lying dead. She also found some sign of pressing of neck of her deceased husband.
In this manner, besides suspicion there is no any allegation of specific overt act against these petitioners. 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 Rupauli P.S. case no. 71 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 the ACJM 1st Purnea, 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
Patna High Court Cr.Misc. No.47603 of 2018(2) dt.30-08-2018 3/3 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) shyambihari/- U T