Chandra Bhushan Dhruv And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41808 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chandra Bhushan Dhruv, Son of Late Chandradeo Narain,
2. Suchita Kumari @ Shchita W/o Mukul Chandra Bhushan,
3. Arvind Prasad Madhup Son of Rambilas Prasad,
4. Bipin Bihari Son of Nagendra Prasad, All R/o Village- Gurhenewa, P.S.- Kundwa Ch.., District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kundwa Chainpur P.S. Case No. 94 of 2017 instituted for the offence under Sections-354B, 307, 379 & other minor Sections of the Indian Penal Code. It has been submitted that there is no allegation of specific overt act against all these petitioners. There is general and omnibus allegation against the petitioners. The other co-accused namely, Mukul Chandra Bhushan and Amerendra Kumar with similar allegation have been granted anticipatory bail by this court vide order dated 31-08-2017 passed in Cr. Misc. No. 40088 of 2017.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event
Patna High Court Cr.Misc. No.41808 of 2017 (2) dt.11-09-2017 of their arrest or surrender in the court below within six 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 Kundwa Chainpur P.S. Case No. 94 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana, 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 tampers 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