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Patna High CourtCR. MISC./47853/2015allowed

Ameet Kumar @ Tippu And ORS v. The State Of Bihar

2016-02-05Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47853 of 2015 Arising Out of PS.Case No. -75 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Ameet Kumar @ Tippu son of Om Prakash

2. Reena Kumari daughter of Om Prakash

3. Usha Devi wife of Om Prakash, All residents of Mohalla - Gewal Bigha, P.S. Rampur in the district of Gaya.

4. Ravi Kumar son of Vijay Prasad, resident of Mohalla New Godown, P.S. Kotwali, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s : Mr. H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-02-2016 Heard the parties.

The petitioners apprehend their arrest in a criminal prosecution registered for offence under Section 436 of the Indian Penal Code.

Taking into consideration the fact that both the parties are on inimical terms from before and involvement of the petitioners has been suspected on the ground of pendency of other criminal cases between the parties, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail.

In the event of arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners namely, Ameet Kumar @ Tippu, Reena Kumari and Usha Devi, be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.47853 of 2015 (3) dt.05-02-2016 2/2 Additional Chief Judicial Magistrate, Gaya in connection with Rampur P.S.Case No. 75 of 2015. subject to conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the further conditions that :

(A) one of the bailors must be government servant or close family member of the petitioners who will file an affidavit in the court below showing their relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Prasad Verma, J) Tahir/- U T