Dinanath Sah @ Dinanath Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51053 of 2017 Arising Out of PS.Case No. -322 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dinanath Sah @ Dinanath Kumar

2. Dineshwar Sah @ Dinesh Prasad

3. Praveen Sah @ Praveen Shankar Prasad

4. Arbind Sah @ Arvind Shankar Prasad

5. Gita Devi @ Gwwta Devi

6. Most. Sushila Devi

7. Shashi Laata Kumari .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Muffasil P.S. Case No. 322 of 2017 instituted for the offence under Sections-307, 379, 385 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. It has been submitted that case has been filed by both sides. There is land dispute between the parties. The petitioner No. 1 has filed Muffasil P.S. Case No. 354 of 2017 against the informant and others.

It is alleged that the informant has sustained three injuries out of which, one injury was on the head and other injuries were on left palm and arm. The injury No. 3 was found to be simple in nature and

Patna High Court Cr.Misc. No.51053 of 2017 (2) dt.06-11-2017 nature of injury with regard to injury Nos. 1 & 2 are reserved for X-ray of skull and left hand.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 322 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T