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Patna High CourtCR. MISC./32863/2017bail granted

Sheopujan Prasad And ORS v. State Of Bihar And ANR

2017-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32863 of 2017 Arising Out of PS.Case No. -185 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sheopujan Prasad, Son of Late Chhathu Prasad,

2. Rambha Devi, W/o Sheopujan Prasad,

3. Punam Devi, D/o Sheopujan Prasad,

4. Gauraw Kumar, Son of Sheopujan Prasad, All Resident of Village- Aamwa Majhar Karwa Purbi Tola, P.S.- Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rimjhim Devi, W/o Raj Kumar, D/o Kanhaiya Lal Prasad, Resident of Village- Hardia, P.O.-Barwat Lane, P.S.- Bettiah Muffassil, DistrictWest Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bettiah Mufassil P.S. Case No. 185 of 2017 instituted for the offence under Sections 420, 341, 323, 498(A), 504 and 307 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that they are family members of the husband of the complainant in a case registered under Section 498A of the Indian Penal Code. There is general and omnibus allegation against the

Patna High Court Cr.Misc. No.32863 of 2017 (2) dt.18-07-2017 2/2 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 Bettiah Mufassil P.S. Case No. 185 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 Chief Judicial Magistrate, Bettiah, West Champaran, 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