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Patna High CourtCR. MISC./3906/2018bail granted

Priyanka Kumari Devi And ANR v. The State Of Bihar

2018-03-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3906 of 2018 Arising Out of PS. Case No.-116 Year-2017 Thana- BRAHMPUR District- Buxar ======================================================

1. Priyanka Kumari Devi Wife of Sanjay Kumar Ram

2. Sanjay Kumar Ram @ Sanjay Kumar, Son of Ram Shankar Ram, resident of Village- Chatanwar, P.S.- Krishnabrahm, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Brahmpur P.S. Case No. 116 of 2017 instituted for the offence under Sections 420,467,458,471/34 of the IPC.

It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is working as Vikas Mitra and petitioner no. 2 is a school teacher. The money of the old age pension is distributed on the basis of recommendation of the BDO and BWO. The Vikas Mitra has no role to play in distribution of old age pension. It has been further submitted that none of the beneficiaries has leveled any allegation against the petitioner. The informant is Block Welfare Officer (BWO) and just to save his skin these petitioners have been made accused.

Patna High Court Cr.Misc. No.3906 of 2018(3) dt.20-03-2018 2/2 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Brahmpur P.S. Case No. 116 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.