← Library
Patna High CourtCR. MISC./44259/2018bail granted

Kumari Rewati @ Buchi And ANR v. The State Of Bihar

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44259 of 2018 Arising Out of PS.C.ase No. -84 Year- 2018 Thana -KOTWALI District- PATNA ======================================================

1. Kumari Rewati @ Buchi daughter of Sri Shankar Singh

2. Kumar Rajan son of Sri Shankar Singh Both are residents of Quarter No. C- 9, Phage- II, Akashvani Colony, Chhajubagh, P.S.- Kotwali, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Kotwali P.S. Case No. 84/2018, instituted for the offence punishable under Sections 448, 341, 342, 323, 354, 356, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners have clean antecedents. There is general and omnibus allegation against the petitioners.

In the written report, it is alleged that on the date of occurrence, petitioner no. 1 assaulted the informant and petitioner no. 2 caught her hand and pull down.

It has been submitted by the learned counsel for the petitioners that the petitioners and informant are next door neighbours and there is dispute on account of objection raised by the petitioners for

Patna High Court Cr.Misc. No.44259 of 2018 (2) dt.25-07-2018 2/2 allowing the dog to move around their house by the informant. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kotwali P.S. Case No. 84/2018, 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 learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.)