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Patna High CourtCR. MISC./15519/2018bail granted

Md. Ladley And ORS v. The State Of Bihar

2018-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15519 of 2018 Arising Out of PS. Case No.-257 Year-2017 Thana- NANHPUR District- Sitamarhi ======================================================

1. Md. Ladley, son of Late Md. Nathuni

2. Md. Naushad @ Naushad, son of Late Md. Nathuni

3. Md. Aale @ Aale, son of Late Md. Nathuni, All are resident of Village- Raipur, P.S. Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Nanpur P.S. Case No. 257 of 2017, G.R. No. 909 of 2017, instituted for the offence under Sections 447,341,323,354,379,504,506/34 of the IPC.

There is case and counter case between the parties. The wife of the petitioner no. 2 has also lodged case vide Nanpur P.S. Case No. 258 of 2017 against the informant and others.

In the instant case, there is general and omnibus allegation that on the order of petitioner no. 1 other accused persons assaulted the informant and also misbehaved with the

Patna High Court Cr.Misc. No.15519 of 2018(2) dt.24-04-2018 2/2 wife of the informant and other family members. 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 Nanpur P.S. Case No. 257 of 2017, G.R. No. 909 of 2017, to the satisfaction of the learned SDJM, Sitamarhi, 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.