Dinesh Chandra Pandey And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41559 of 2017 Arising Out of PS.Case No. -1263 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Dinesh Chandra Pandey, S/o Late Shyam Bihari Pandey,

2. Anita Devi, W/o Dinesh Chandra Pandey,

3. Gautam Pandey @ Goutam Pandey, S/o Dinesh Chandra Pandey, All are resident of Village- Larkaniya Tola, Ward No.18, Katihar, P.S.- Town, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bhagya Shree, S/o Late Achchyatanand Singh, Resident of MohallaBhikhanpur, Gumati No.2, Bhatha Road, P.S.- Ishakchak, DistrictBhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 1263 of 2016 instituted for the offence under Section-498A & other minor Sections of the Indian Penal Code and 3⁄4 of D.P. Act. It has been submitted that these petitioners are family members of husband of the informant of this case, which has been instituted u/S 498A of the Indian Penal Code. There is general and omnibus allegation against all these petitioners. 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

Patna High Court Cr.Misc. No.41559 of 2017 (2) dt.08-09-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 1263 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur 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 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) A.K.V./- U T