Naresh Pandit @ Naresh Kumar Pandit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63211 of 2017 Arising Out of PS. Case No.-141 Year-2016 Thana- PATAHI District- East Champaran ======================================================
1. Naresh Pandit @ Naresh Kumar Pandit Son of Laxmi Pandit
2. Nirmala Devi Wife of Naresh Pandit Both residents of village - Shiv Nagar, Police Station - Sahiyara, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Patahi P.S. case no. 141 of 2016 instituted for the offence under Section(s) 323, 304(B), 302, 201, 120B and 504/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that earlier a complaint was filed by the complainant which was sent to the police station under Section 156(3) of the Cr. P.C. The petitioners are 'Bhaisur' and 'Gotanti' of the deceased respectively.
From the F.I.R. itself, it appears that there is general and omnibus allegation against these petitioners. In the facts and circumstances of the case, prayer of the
Patna High Court Cr.Misc. No.63211 of 2017(3) dt.12-02-2018 2/2 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 Patahi P.S. case no. 141 of 2016 , 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 A.C.J.M. 8, Motihari, East Champaran, 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 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) shyambihari/- U T