Jai Hind Kumar Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44093 of 2017 Arising Out of PS.Case No. -3575 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Jai Hind Kumar Singh, son of Virendra Singh, resident of villagePaimarghat @ Palmarghat, P.S.-Punpun, District-Patna

2. Manjay Singh,

3. Anil Kumar Singh, both son of Ram Jatan Singh, resident of MohallaPost Office Road Digha, P.S.-Digha, District-Patna, at present, Ashiyana-Digha Road, Ghordar Road, Shiv Nagar, P.S.-Digha, DistrictPatna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sujit Kumar Singh, S/o late Jagdish Singh, Permanent Address-VillageYamunapur, P.O.-Kateshar, P.S.-Bihta, District-Patna, at presentAshiana Digha Road, Ghurdaur Road, Shiv Nagar, P.S.-Digha, DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Complaint Case No.3575 (C) of 2016 instituted for the offence under Section(s) 406, 420 Indian Penal Code.

Notice was issued to the Opposite Party No.2, which has been validly served, but none appears on behalf of the Opposite Party No.2.

Counsel for the petitioner has submitted that Supplementary Affidavit has been filed, wherein, it is stated that compromise has taken place between the parties and compromise petition has also been filed in the Court below. Aforesaid

Patna High Court Cr.Misc. No.44093 of 2017 (4) dt.22-12-2017 2/2 compromise petition has been annexed as Annexure-2 to the Supplementary Affidavit.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint Case No.3575 (C) of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, 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.