Krishna Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37733 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -BHELDI District- SARAN ======================================================
1. Krishna Rai, Son of Rama Rai @ Heera Rai,
2. Rajendra Rai, Son of Late Jhalku Rai,
3. Chandrama Rai, Son of Vnshi Rai,
4. Jawahir Rai @ Jawahar Rai, Son of Doma Rai, All resident of Village- Bariyarpur, P.S.- Bheldi, District- Saran at Chapra (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Bheldi P.S. Case No. 11 of 2017 instituted for the offence under Sections 419, 420, 467, 468, 471, 474, 323 and 504 of the Indian Penal Code. As per complaint petition, the complainant is daughter of Birendra Rai from his first wife Sona Devi.
It has been submitted that the petitioner Nos. 1 and 2 are purchasers from the wife of Birendra Rai and petitioner Nos. 3 and 4 are witnesses of the sale deed. It has further been submitted that other co-accused persons have already been granted anticipatory bail by this Court vide order dated 20.7.2017 passed in Cr. Misc. 33943 of 2017. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.37733 of 2017 (3) dt.23-08-2017 2/2 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 Bheldi P.S. Case No. 11 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 Additional Chief Judicial Magistrate-XIIth, Saran at Chapra, 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