Shiv Kumari Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57940 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -MANJHI District- SARAN ======================================================
1. Shiv Kumari Devi W/o Ramnath Yadav
2. Naina Kumari d/o Ramnath Yadav
3. Sukesha Kuer @ Sukesha Devi d/o Late Kishun Yadav All are residents of village - Manjhi Chainpur, Police Station - Manjhi, District - Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Manjhi P.S. Case No. 27 of 2017 instituted for the offence under Sections 341,323,325,307,427/34 of the IPC.
It has been submitted by the learned counsel for the petitioners that there is land dispute between the parties. There is specific allegation against the co-accused Ramnath Yadav that while the informant had gone to Delhi co-accused Ramnath Yadav demolished her Dalan and constructed his Dalan. The petitioners of the instant case are wife, daughter and sister of the co-accused Ramnath Yadav. The allegation against these petitioners is that they pushed the informant from her roof, on account of which she sustained injuries. It is further submitted that co-accused Ramnath
Patna High Court Cr.Misc. No.57940 of 2017 (2) dt.11-12-2017 2/2 Yadav has already been granted bail by the court below itself. 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 Manjhi P.S. Case No. 27 of 2017 to the satisfaction of learned A.C.J.M. Vth, Saran at Chapra 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