Kapur Devi @ Kabutari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29657 of 2018 Arising Out of PS.Case No. -127 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================
1. Kapur Devi @ Kabutari Devi, W/o Late Ganu Paswan,
2. Renu Devi, W/o Pradip Paswan,
3. Ramdai Devi @ Ram Day Devi, W/o Hira Paswan, All are R/o Vill.- Belmohan, P.S.- Phulparas, District- Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate. Mr. Nitu Kumari No. 7, Advocate.
For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Phulparas P.S. Case No. 127 of 2015, G.R. No. 629 of 2015 instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 353, 333, 427 and 216(a) of the Indian Penal Code.
In the written report it is alleged that police party surrounded the house of Moti Ram on the information that few persons are making plan to commit offence. When police surrounded the house of Moti Ram the accused persons inside the house attempted to run away. Out of them, one accused was apprehended by the police who disclosed his name as Javahar Ram. The informant alleged that several people assembled and started throwing stones, bricks etc. on the police party, on account of which, Javahar Ram managed to run away.
Patna High Court Cr.Misc. No.29657 of 2018 (3) dt.12-07-2018 2/2 Counsel for the petitioners has submitted that there is general and omnibus allegation against the 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 Phulparas P.S. Case No. 127 of 2015, G.R. No. 629 of 2015, 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 Sub Divisional Judicial Magistrate, Jhanjharpur (Madhubani), 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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/- Rohit Kr.
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