Kaushalya Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22326 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -SAUR BAZAR District- -Saharsa ======================================================

1. Kaushalya Devi, wife of Late Kari Chaurhary,

2. Baijnath Chaudhary, son of late Kari Chaudhary,

3. Shambhu Kumar Chaudhary @ Shambhu Chaudhary, son of late Kari Chaudhary &

4. Shibu Chaudhary, son of late Kari Chaudhary All are residents of village Baijnathpur, Police Station Saurbajar, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajabindi Devi, wife of Ganga Goswami, resident of Hatia Gachhi, Ward No 31, Police Station Saharsa Distt. Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the State : Mr. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-05-2016 Heard learned counsel for the Petitioners and the State. The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 354, 379, 406, 504, 506 and 34 of the Indian Penal Code.

Considering the facts of the case and the fair antecedent of the Petitioners, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Saur Bazar (P.S. Baijnathpur) P.S. Case No. 60 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sri S. Das, Judicial Magistrate, Saharsa (or its

Patna High Court Cr.Misc. No.22326 of 2016 (2) dt.20-05-2016 2/2 successor), subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T