Kiran Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43804 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kiran Kumari

2. Sundarani Devi

3. Deepak Kumar

4. Manoj Ram &

5. Pramod Ram @ Pramod Kumar Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kotwa P.S. Case No. 27 of 2017 instituted for the offence under Sections-379 & other minor Sections of the Indian Penal Code.

The instant case is counter blast of Kotwa P.S. Case No. 26 of 2017, which has been lodged by petitioner No. 3 against the brother of the informant and other family members. In the instant case, there is general and omnibus allegation against the petitioners. In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.43804 of 2017 (2) dt.12-09-2017 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 Kotwa P.S. Case No. 27 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateX, Motihari, East Champaran 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