Niraj Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23095 of 2017 Arising Out of PS.Case No. -2931 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Niraj Kumar,
2. Ravi Kumar @ Ravi Shankar Kumar, Both Sons of Chandra Bhushan Ram, Resident of Village- Sipara Dih, near Kali Temple, Police StationBeur, District- Patna.
3. Jitendra Kumar, Son of Akhilesh Das, resident of Village- Madhopur, Police Station- Gaurichak, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Most. Arti Devi, W/o late Nirmal Kumar, D/o Late Sharan Das, Resident of Sipara Dih, Near Kali Mandir, P.O. Dhelwan, P.S. Beur, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Complaint Case No. 2931-C of 2016 instituted for the offence under Sections-323, 354/504 of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioner Nos. 1 & 2 are Devars whereas; petitioner No. 3 is Bhagina of the complainant. The complaint petition has been filed after death of husband of the complainant with a view to putting pressure on the petitioners for withdrawal of money of Rs. 1,00,000/- deposited after death of the husband of the complainant in her account under Jan Dhan Yojana.
Patna High Court Cr.Misc. No.23095 of 2017 (2) dt.24-05-2017 2/2 From the complaint petition itself, it appears that there is general and omnibus allegation against the petitioners. Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four 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 Complaint Case No. 2931-C of 2016 to the satisfaction of Kumari Vijaya, learned Sub Judge-X-cum-Additional Chief Judicial Magistrate, Patna 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./- U T