Kum Kum Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15000 of 2018 Arising Out of PS.Case No. -427 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================
1. Kum Kum Devi, W/o Sri Santosh Kumar,
2. Santosh Kumar S/o Late Lakshman Prasad, Both R/o Nehru Tola, Jharna Kal, P.S. - Chowk, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Chowk Police Station Case No. 427 of 2017 registered for the offences punishable under sections 354 (B), 447, 448, 341, 323, 379, 504, 506/34 of the Indian Penal Code.
It has been submitted that the informant and petitioners are descendants of common ancestor and there is land dispute with respect to their ancestral property as both are residing in the house situating side by side. For land dispute, occurrence took place, for which the petitioner no. 2 filed Chowk P.S. Case No. 432 of 2017. The allegation of snatching golden chain and assault is omnibus against these petitioners. In the said occurrence, the mother of petitioner no. 1 sustained injury and she was
Patna High Court Cr.Misc. No.15000 of 2018 (2) dt.06-04-2018 2/2 admitted to hospital. After institution of case from the side of the petitioners, the present case has been lodged with false and frivolous allegation.
Considering the nature of allegation, facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Patna City in connection with Chowk Police Station Case No. 427 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T