Geeta Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38779 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================
1. Geeta Devi, Wife of late Jyotish Mahto
2. Niraj Kumar, son of late Jyotish Mahto
3. Guriya Devi @ Guriya Kumari, Wife of Binay Kumar
4. Binay Kumar, Son of Sri Brijnandan Prasad
5. Suggi Devi @ Sugga Devi, Wife of late Shrawan Mahto
6. Seema Devi, Wife of Niraj Kumar
7. Kundan Kumar, Son of late Jyotish Mahto All Resident of Village/ Mohallah- Jamunapur Mal Ke Kanchhari, P.S. - Malasami, District Patna (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate Mr. Prabhat Kumar Dipak, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Malsalami P.S. Case No. 107 of 2017 instituted for the offence under Sections 420, 354(A), 504, 506, 509 and 120(B) of the Indian Penal Code. It has been submitted that petitioners are family members of Dhiraj Kumar with whom the engagement for marriage of informant was done.
In the written report, it is alleged that after engagement of informant with Dhiraj, these petitioners made further demand of
Patna High Court Cr.Misc. No.38779 of 2017 (2) dt.24-08-2017 2/2 Rs.1,00,000/- on account of which, the marriage could not be performed. As such, there is general and omnibus allegation against these petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Malsalami P.S. Case No. 107 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna, 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) S.Ali/- U T