Sita Ram Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40756 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -BALUA BAZAR District- SUPAUL ======================================================
1. Sita Ram Sah, son of late Bhagwat Sah,
2. Dherendra Sah @ Dherendra Kr. Sah @ Dhirendra Kumar Sah, son of Sita Ram Sah, both resident of Village- Balua Bazar, Police StationBalua Bazar, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Balua Bazar P.S. Case No.19 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 342, 323, 324, 307, 379, 504, and 506 Indian Penal Code.
It has been submitted that there is case and counter case between the parties. Bhabhi of the petitioner No.1 has filed Balua P.S. Case No.18 of 2018 against husband of the informant. There is general and omnibus allegation against these petitioners that they pulled Saree of the informant and also torn her blouse and assaulted with lathi, fatta etc. In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.40756 of 2018 (2) dt.12-07-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Balua Bazar P.S. Case No.19 of 2018, 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 the SubDivisional Judicial Magistrate, Supaul, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T