Urmila Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54420 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Urmila Devi @ Urmila Kumari, W/o Shyam Sundar Chaudhary,

2. Shyam Sundar Chaudhary, S/o Late Kamal Chaudhary, Both R/o Village- Dhamauli Dih, P.S.- Rahul, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party/s : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Rahui (Wena) P.S. Case No. 179 of 2016 instituted for the offence under Sections 406/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that offence is said to have taken place in the year 2009. In the written report it is alleged that Rs.90,000/- was given by the informant to the petitioners on 15.6.2009 for purchasing of land on assurance to return the amount along with interest after six months as mentioned in the written report. It is alleged that the petitioner did not return the money of the informant. The informant has not annexed any supporting documents to show that any such agreement has been entered into between the

Patna High Court Cr.Misc. No.54420 of 2017 (3) dt.21-11-2017 2/2 parties.

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 Rahui (Wena) P.S. Case No. 179 of 2016, 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 Additional Chief Judicial Magistrate-II, Nalanda at Biharsharif, 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 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