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Patna High CourtCR. MISC./11354/2018bail granted

Kumari Priyanka And ORS v. The State Of Bihar

2018-04-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11354 of 2018 Arising Out of PS. Case No.-24 Year-2017 Thana- SUGAULI District- East Champaran ======================================================

1. Kumari Priyanka, W/o Mukesh Kumar Singh,

2. Mukesh Kumar Singh, S/o Arun Singh,

3. Ashok @ Ashok Kumar Singh, S/o Ramjee Singh,

4. Gajendra Singh, S/o Late Bachcha Singh, All R/o VillageBhataha, P.S.- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Sugauli P.S. Case No. 24 of 2017, instituted for the offence under Sections 341,323,354B,353,384,504,506/34 of the IPC.

It is alleged in the written report that on the date of occurrence, the informant was conducting general meeting for selection of Aanganbari Sewika and when she has given the appointment letter to Ruby Kumari, petitioner no. 1 and her family members along with 10-12 unknown persons started assaulting the informant. It has further been alleged that petitioner no. 1, snatched her bag and original certificates.

Learned counsel for the petitioners has submitted that the informant has selected the candidate for appointment on the basis of forged certificate after rejecting candidature of petitioner no. 1. It has

Patna High Court Cr.Misc. No.11354 of 2018(3) dt.04-04-2018 2/2 been further submitted that earlier also case was lodged by petitioner no. 2 vide Sugauli P.S. Case No. 22 of 2017 on 06.02.2017 against Ruby Kumari and others for the aforesaid forgery and assaulting him. 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 Sugauli P.S. Case No. 24 of 2017, to the satisfaction of the 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 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. (Sanjay Priya, J) khushbu/- U T