Kiran Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22992 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -KHAJEKALA District- PATNA ======================================================

1. Kiran Devi, W/o Binay Kumar Sharma,

2. Golu Kumar, S/o Binay Kumar Sharma,

3. Ajay Sharma, S/o Kameshwar Sharma,

4. Sachidanand Sharma, S/o Late Dipak Sharma,

5. Jitendra Kumar @ Karu Sharma,

6. Ravi Ranjan Kumar @ Dom Sharma @ Raju,

7. Banty Kumar @ Sharma @ Banty Sharma, Sr. no.5 to 7 are sons of Sachidanand Sharma, all resident of Mohalla- Mir Gulabi Bagh (Kelwadi), P.S.- Khajekalan, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-05-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Khajekalan P.S. Case No.310 of 2016 instituted for the offence under Section(s) 341, 323, 324, 325, 307/34 Indian Penal Code. It has been submitted on behalf of the petitioners that there is general and omnibus allegation against them. Petitioner No.1 has filed Complaint Case No.1051 of 2016 against the husband of the informant and other accused persons for assaulting petitioner No.1. It has further been submitted that there is land dispute between the parties.

From the written report itself, it appears that there is specific allegation against co-accused Vinay Kumar Sharma, who

Patna High Court Cr.Misc. No.22992 of 2017 (2) dt.22-05-2017 2/2 is not the petitioner presently, for assaulting the informant on the waist with Wasula.

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 Khajekalan P.S. Case No.310 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Patna City, 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) JA/- U T